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Employment Law

Plaintiff’s ‘color’ claim within scope of administrative charge (access required)

Although the plaintiff’s claim did not expressly allege discrimination on the basis of color,  the administrative investigation revealed allegations of color discrimination that were reasonably related to the original race discrimination charge. Background Nikki A. Gardner began working as a ...

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Tipped employees could sue employer for minimum wage violations (access required)

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

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Firefighter could sue county for failing to accommodate his PTSD (access required)

A firefighter did not need to specify the essential functions of his job with the Chesterfield Fire and Emergency Medical Services to sue the county for violating the Americans with Disabilities Act by arbitrarily discontinuing an accommodation made for his ...

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Employee’s claims rejected because safety trumps disability (access required)

Where an employee was terminated because she could not wear required safety footwear due to a physical condition, General Dynamics had legitimate business reasons for enforcing its policy of requiring its workers to wear safety shoes. Background Plaintiff Shelia Holmes ...

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Defendants liable for failing to make contributions to benefit plans (access required)

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

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Worker who quit for good cause gets benefits (access required)

The Virginia Employment Commission erred by denying plaintiff’s claim for unemployment benefits because the record does not support its finding that he voluntarily left his employment without good cause. ‘Good cause’ An employee who voluntarily leaves his or her job ...

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Female servers harassed by manager entitled to compensatory damages (access required)

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

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Defamation, due process suit against superintendent proceeds (access required)

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

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