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Employment Law

4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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4th Cir.: Corporate structure didn’t change plan administrator (access required)

Although some claims analysts were on a different Hartford subsidiary’s payroll, they nevertheless processed the plaintiff’s disability claim on behalf of the entity designated as plan administrator. Accordingly, under ERISA, the administrator’s decision to terminate benefits was subject only to ...

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EDVA: Court rejects amended complaint as prolix, imprecise (access required)

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

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4th Cir.: Slurs read aloud didn’t create hostile environment (access required)

A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise ...

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Va. Cir.: Fear of termination not good cause to resign (access required)

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

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4th Cir.: City worker’s Title VII retaliation claim revived (access required)

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

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WDVA: UVA pay discrimination case can go to trial

Genuine factual disputes remained as to whether a former university contract employee suffered pay discrimination. A male comparator with essentially equal duties received a significantly greater starting salary. Background In the fall of 2012, University of Virginia President Sullivan developed ...

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WDVA: Branch transfer could be adverse employment action (access required)

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

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WDVA: Fired county employee’s First Amendment claim is triable (access required)

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

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CAV: Notice of injury can include later complications (access required)

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

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