Virginia Lawyers Weekly VA Lawyers Weekly

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Where a Virginia Department of Transportation coordinator alleged she was paid less than male coordinators, but the alleged comparators worked in a different regional district, and each of the department’s nine districts makes its own compensation decisions, her Equal Pay ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where a bank employee was placed on paid leave after she complained about her colleagues’ conduct, her allegation that the bank violated the antiretaliation provisions of the Sarbanes-Oxley Act, or SOX, fails. Placing an employee on paid administrative leave does ...

Tagged with: Employment Discrimination Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where the company claimed it terminated a long-time, 60-year-old employee because of poor performance, but there was conflicting testimony on whether his handling of general safety concerns was egregious enough to prompt termination, the company’s motion for summary judgment was ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where an employee alleged that after she complained about her pay, certain job responsibilities were taken away, her supervisor became “cold” and unfriendly and she did not receive a reference at separation, her retaliation claim failed because she did not ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

Tagged with: Contract Fairfax Circuit Court Judge Robert J. Smith

The text, structure and legal landscape in which the Age Discrimination in Employment Act, or ADEA, was passed do not support a finding that the statute’s federal-sector provision encompasses disparate-impact liability. Background Dr. Jane DiCocco brought Title VII and Age ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

Where a school principal and the school district’s HR director allegedly accused the plaintiff of embezzlement, her defamation per se claim survived the motion to dismiss. Background Pamela Smith is a former employee of Norfolk Public Schools, or NPS. Plaintiff ...

Tagged with: Employment Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an employee alleged her migraines were “debilitating” and rendered her unable to drive, travel, read printed material, view computer imaging or be in a heavily lit room, she plausibly alleged the migraines substantially limited her ability to work. Background ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Although a former executive administrative assistant alleged she was terminated because of her age, her own complaint stated her position was eliminated because much of her job had been absorbed by advances in technology and that other tasks were dispersed ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District