Virginia Lawyers Weekly VA Lawyers Weekly

Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer ...

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

Where the former University of North Carolina employee suggested her disability could be accommodated by indefinite leave or indefinite light duty, but neither is a “reasonable accommodation” under the Rehabilitation Act, the university prevailed on this claim. Background Annie Boone ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

Where an employee terminated for cursing, insubordination and threats alleged his firing was actually unlawful retaliation, the investigation into his conduct was not “obviously inadequate” and there was no evidence it was pretext. Background Tremayne A. Powell appeals from the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Labor

Where an Army employee who applied for an open position alleged her nonselection was the result of protected activity, but there was a several-month gap between the protected activity and her not being chosen for the post, there was no ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District