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Employment Law

Workers get damages after company closes without notice (access required)

Where the company closed without providing notice to its 150 employees  required under the WARN Act, the employees were awarded damages including back pay, vacation pay and benefits. Background Plaintiffs sued FCI Enterprises LLC, in addition to FCI’s corporate officers ...

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Employee’s poor performance dooms bias claims (access required)

Where the evidence showed the employee’s unprofessional behavior and poor performance failed to meet the legitimate expectations of her employer, the employer prevailed on claims of religion, sex, age and disability discrimination. Background Plaintiff worked for defendant between 2009 and ...

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Employees given second chance on wrongful termination (access required)

Where employees suing their former employers for wrongful termination related to alleged criminal activity failed to plead facts sufficient to fit within Virginia’s narrow exception to at-will employment, they may try again based upon their representations they had additional facts ...

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Plaintiff fails to explain delay in appealing adverse decision (access required)

Even if the 30-day filing time limit imposed by 5 U.S.C. § 7703(b)(2) is a nonjurisdictional claims-processing rule, and not a jurisdictional prescription, and even if nonjurisdictional claims-processing rules permit equitable tolling, the facts alleged were insufficient to meet the ...

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Bank’s no-hire decision not based on race or age (access required)

Where a bank showed it had a legitimate, nondiscriminatory reason not to hire the plaintiff and her own testimony corroborated that she struggled to maintain profitability in a prior bank position, no reasonable jury member would find that age or ...

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Teacher’s claims against school board fail (access required)

Where a teacher alleged a plausible failure to hire claim based upon his race, his disability discrimination, retaliation and defamation claims were dismissed as untimely or insufficient. However, he was given an opportunity to replead and state a claim for ...

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Ex-employee must return data, no damages for company (access required)

Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke ...

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Government contractor not liable for bias or retaliation (access required)

Where an employee of a government contractor failed to plausibly suggest he suffered religious discrimination or retaliation, his claims were dismissed. And because the Fourth Circuit does not recognize a claim for discrimination based on sexual orientation and in any ...

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