Virginia Lawyers Weekly VA Lawyers Weekly

A white high school principal can proceed with discrimination claims against the school board, which allegedly demoted her after the superintendent implied that school staff should “look like” the student body. Background Plaintiff Angela Weinerth is a white female over ...

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

Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Due Process First Amendment Fourteenth Amendment Judge James A. Wynn Jr. Tort

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

Tagged with: Administrative Employment Employment Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

Tagged with: Business Law Contract Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

A plaintiff alleging retaliation by his employer for an earlier charge of discrimination under the Age Discrimination in Employment Act could not rely solely on the retaliation provisions of Title VII of the Civil Rights Act. The statutes protect different ...

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

Genuine issues of material fact precluded summary judgment on a plaintiff’s claims of interference and retaliation under the Family & Medical Leave Act. Background Plaintiff Cameron Felts began working as a welder for Volvo in February 2012. He was required ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

A life insurance company was under no fiduciary duty to solicit required additional materials from the insured party in order to approve his coverage level, even though his employer had been deducting premium payments for the unapproved amount. Background Steven ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Employment Insurance Judge James A. Wynn Jr.

A discharged state police officer was not entitled to personal review of his grievance by the Director of Virginia’s Department of Human Resource Management. Such reviews are among many duties the Director may delegate to any Department employee. Background In ...

Tagged with: Administrative Employment Judge William G. Petty Virginia Court of Appeals