Virginia Lawyers Weekly VA Lawyers Weekly

Where the crew chief for a fire and water cleanup and restoration company alleged his employer refused to allow him to quarantine at home to avoid exposing his paralyzed bother to COVID-19 and the allegations showed he stood in loco ...

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

Where the court previously found a Worker Adjustment and Retraining Notification, or WARN Act, violation, and that the plaintiffs were entitled to payment for the workdays included in the 60 calendar days following their terminations without cause, the court adopted ...

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

Where a roofing company alleged its former salesperson received unauthorized payments, he prevails on the conversion claim because there was no evidence the payments were wrongful or unauthorized. Because there was no evidence he agreed to injure the company, he ...

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

Where the plaintiff alleges his employer discharged him because he complained about COVID-19-related workplace safety issues, he has stated a claim for  retaliatory discharge in violation of the public policy encompassed by Code § 40.1-27.3. The public policy behind the ...

Tagged with: Employment Hanover Circuit Court Judge Patricia Kelly Virginia Circuit Courts

Where a former senior Chesapeake police officer had been disciplined in four separate incidents before he voluntarily resigned, he had not been satisfying the city’s legitimate expectations, dooming his race bias claim. Background Wade B. Satterfield is a retired African ...

Tagged with: Employment Discrimination Judge Douglas E. Miller U.S. District Court - Eastern District

Where a compressor manufacturer violated the Worker Adjustment and Retraining Notification (WARN) act, its employees are awarded compensation for each working day of the violation period. Background In this class action alleging violations of the Worker Adjustment and Retraining Notification, ...

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

Where the complaint and record alleged that a manufacturer of agricultural, construction and energy products had a company-wide policy of not paying its employees for pre-shift activities or for overtime, a class is conditionally certified. Background Defendants manufacture and assemble ...

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

Where a furniture company claimed the economic downtown allowed it to suspend payment of deferred compensation to executives, that argument fails. Neither the plan documents nor the impossibility doctrine allowed the suspension of payments based on a poor economy. Background ...

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

Where a civil engineering company challenged a jury verdict holding it liable for the costs incurred in tearing down and rebuilding an improperly constructed bridge, the company failed to show the verdict was against the weight of the evidence, the ...

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

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

Tagged with: Employment Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts