Virginia Lawyers Weekly VA Lawyers Weekly

Where a job applicant failed to present evidence that his race was the reason he was not hired for the first position, and where the company’s decision to not hire him for the second position was made before it had ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Claude M. Hilton U.S. District Court - Eastern District

Where it was unclear whether a former bank employee’s claims arose under Virginia or federal law, the employee disclaimed any federal causes of action and there was no federal question jurisdiction, so the case was returned to state court. Background ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

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 ...

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