Virginia Lawyers Weekly VA Lawyers Weekly

The plaintiff is not suing for benefits, but for damages equal to the value of his denied benefits because of his alleged misclassification. As a result, his claims are not preempted by ERISA, so there is no federal question jurisdiction ...

Tagged with: Judge Raymond A. Jackson Labor U.S. District Court - Eastern District

Disputed evidence on whether an employee who struggles with mobility could have performed her job without extensive travel, whether the employer lacked a reasonable belief she could engage in such travel and whether she was terminated because of her disability ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Henry F. Floyd

The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

There was no evidence the reservist’s supervisor terminated the plaintiff because of his membership in the Army Reserve. Background On May 31, 2018, Communication Technologies filed a motion for summary judgment. COMTek asserts that it is entitled to judgment as ...

Tagged with: Employment Judge Rebecca Beach Smith U.S. District Court - Eastern District

A former store worker did not plead sufficient facts to suggest the ABC retaliated against her. Background Defendant Virginia Department of Alcoholic Beverage Control operates a liquor store in Norfolk. Plaintiff Jeanette L. Bailey was employed by defendant as a ...

Tagged with: Employment Discrimination Judge Mark Davis U.S. District Court - Eastern District

The court lacked jurisdiction to determine if the commission erred in vacating a prior order awarding benefits because the commission’s order was neither a final order nor an appealable interlocutory order. Background Tracy Irby suffered an injury at work on ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

A woman’s assertion that her supervisor at VCU made several derogatory remarks about African-American women during a meeting was insufficient to support her discrimination and retaliation claims because she could not establish that the university’s actions, such as giving her ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

The court agreed that Winchester Medical Center did not discriminate or retaliate against its former nursing director, finding there is no adverse employment action when an employer declines to pay discretionary severance benefits because a terminated employee refuses to sign ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Per Curiam Opinion

In a case of first impression, the court determined that Title VII’s 180-day waiting period is not jurisdictional. In deciding whether the district court erred in dismissing the plaintiff’s court action, which was filed before 180 days from the time ...

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

The denial of benefits was upheld for an employee who was injured after he dozed off while driving home from a job site because he could not relate his drowsiness to working conditions and the resulting injury and accident. The ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation