Virginia Lawyers Weekly VA Lawyers Weekly

Following a coal miner’s death from be­ing struck by a water manifold propelled by mounting water pressure during a valve repair required while miners were moving a shuttle car through the mine, the 4th Circuit upholds sanctions against Consol Buchanan ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge James A. Wynn Jr.

Although plaintiff signed a severance agreement at the end of his prior em­ployment with defendant, he only waived reemployment claims stemming from his termination, and did not waive the right to seek future employment, and the Lynch­burg U.S. District Court ...

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

An ultrasound technologist’s “vague concerns” about defendant hospital’s per­formance of certain ultrasounds and bill­ing practices, which primarily related to possible underbilling, were not “protected activity” under the False Claims Act, and the hospital wins summary judgment on plaintiff’s claim that ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

In this suit by an employee of a govern­ment contractor challenging two transac­tions involving an Employee Stock Own­ership Plan, the Alexandria U.S. District Court says there are genuine disputes of material facts over the plan trustee’s dis­charge of its fiduciary ...

Tagged with: Employment Judge Leonie Brinkema U.S. District Court - Eastern District

Defendant employer, who terminated a plaintiff who failed to meet her sales quota for a breast biopsy system for three consecutive years and who failed to close accounts in accordance with her perfor­mance development plan, wins summary judgment in plaintiff’s ...

Tagged with: Employment Judge Leonie Brinkema U.S. District Court - Eastern District

A salesman suing his former employ­er in Virginia state court for breach of an employment agreement by nonpay­ment of bonuses, mileage and retention of a cellphone, cannot enforce a forum selection clause in a related employ­ment contract in response to ...

Tagged with: Employment Fairfax County Circuit Court Judge Daniel E. Ortiz

An at-will employee of the Salvation Army cannot bring a Bowman claim for wrongful termination based on her re­fusals of her store manager’s suggestions that she engage in fornication with him; because the Supreme Court of Virginia has ruled that ...

Tagged with: Employment Supreme Court of Virginia

Substantial evidence supports the Na­tional Labor Relations Board’s finding that a group of nurses at a nursing home are not supervisors because their duties do not require the exercise of indepen­dent judgment; the 4th Circuit grants the NLRB’s cross-petition for ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Diana Gribbon Motz

An airline employee did not create a material factual issue that employer’s reason for firing him was a pretext for re­taliation for taking Family and Medical Leave on a day when he was scheduled to work, near the end of ...

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

A Caucasian hospital worker, mar­ried to an African-American man and the mother of biracial children, who alleges her white coworkers, includ­ing her supervisor, made persistent disparaging remarks about interracial relationships and interracial children, has exhausted her race discrimina­tion claim in ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District