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Employment Law

Ex-employee failed to show bias in his termination (access required)

Although the plaintiff alleged he was terminated after he was involved in a car accident, while non-Spanish employees were not terminated following accidents, he failed to allege facts showing the comparators were at fault for their accidents or that they ...

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Firefighter promotion policy changes cannot be grieved (access required)

The Fairfax County executive properly determined that firefighter captains are not entitled to invoke grievance procedures to challenge changes to county policies governing promotions and filling vacancies in the Fire and Rescue Department. Overview In response to the COVID-19 pandemic, ...

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Claim not cognizable under Equal Protection Clause (access required)

Where a former deputy commonwealth’s attorney brought a claim under the 14th  Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

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Allowing single-stock fund in 401(k) plan might violate ERISA (access required)

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

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Softball coach offers direct evidence of gender discrimination (access required)

Where a man who applied to be head varsity softball coach was told he didn’t get the position because the school preferred female employees, that was direct evidence of discrimination. Although the school board claimed there were other reasons he ...

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Declaratory judgment dismissed where breach already occurred (access required)

A declaratory judgment action over whether a former employee was owed commissions was dismissed because the dispute had already ripened into a claim for breach of contract after the company terminated him and refused to pay him  commissions. As such, ...

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Nurse fails to allege she was retaliated against (access required)

Where a nurse failed to allege facts showing the UVA Medical Center treated her differently than similarly situated employees after she lodged sexual harassment complaints against two co-workers, her retaliation claim was dismissed. Background In her amended complaint, Tina McCoy ...

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Ex-general counsel wins $3.7 million judgment against company, owner (access required)

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

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