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Employment Law

EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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EDVA: Age discrimination suit proceeds as class action (access required)

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, ...

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EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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EDVA: Experience insufficient to qualify expert witness (access required)

In an age discrimination suit, a federal court struck the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field, but no reliable principles or methods cited. Background Plaintiff Angela Georges ...

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EDVA: County liable for almost $1M after FMLA violation (access required)

In addition to the judgment of approximately $750,000 entered against a municipality for failing to reinstate an employee after FMLA leave, the county will also be liable for over $200,000 in pre-judgment interest and attorneys’ fees and costs. Background In ...

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4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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CAV: Employee termination for unethical conduct upheld (access required)

A Department of Social Services employee who worked in secret for a Department contractor had adequate opportunities for notice and hearing in the proceedings leading to his termination. Background Appellant John Carpenter was employed as the Supplemental Nutrition Assistance Program ...

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EDVA: All claims fail in sex-abuse fallout litigation (access required)

After reports of sexual misconduct appeared in the Washington Post, a private school sued its former executive director for allegedly sharing sensitive documents with the paper, and she counterclaimed based on the circumstances of her resignation. No reasonable jury could ...

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CAV: Plain language mandates lighter burden on coal miner (access required)

The Workers’ Compensation Commissioner correctly interpreted a provision of the Workers’ Compensation Act to set forth a disjunctive set of proof standards, of which the claimant need satisfy only one to show permanent total disability. Background Appellee Carson Vanover, currently ...

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WDVA: Subpoena for attorney emails, work product quashed (access required)

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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