Tag Archives: Employment Law

‘Unfair’ noncompetes? Response beginning to form to Biden’s ‘competition’ order (access required)

(Photo copyright of AndrewLozovyi)

The title of the Biden administration’s July 9 executive order on “Promoting Competition in the American Economy” is unlikely to set off alarm bells. After all, “more competition” conjures images of new jobs, better wages and prices for consumers, and ...

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The ‘Great Resignation’ and restrictions on noncompetes (access required)

Employee handing in resignation letter

The Great Resignation is coming. Unprecedented numbers of employees are expected to change jobs, and more than half of them will take confidential company information. Worse, 40 percent of them will use that information at their new job. Companies frequently ...

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Restaurant ordered to pay overtime and attorneys’ fees (access required)

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

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State agency sued for bias by employee from Togo (access required)

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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Default vacated after employer advances meritorious defense (access required)

A plaintiff’s motion for a default judgment against his employer was denied because the employer was “reasonably” prompt in moving to vacate default, proffered a meritorious defense to the discrimination, retaliation and hostile work environment claims, including that the plaintiff ...

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Claim that termination based on refusal to join in criminal act fails (access required)

The former employees’ amended complaint did not allege facts plausibly suggesting they were asked or directed to engage in a criminal act by insurance providers that could lead to prosecution under Virginia law, or that their termination was based on ...

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Employee’s report was beyond scope of anti-retaliation statutes (access required)

Where a former employee alleged he was terminated for reporting  to his superiors that the company was underreporting profits on nongovernmental commercial contracts, he did not have a viable retaliation claim under the Defense Contractor Whistleblower Protection Act or the ...

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Hostile environment claim against UR dismissed (access required)

A former Associate Dean of the School of Arts and Sciences at the University of Richmond who alleged the Dean criticized and humiliated her, stripped her of responsibilities and barred her from working with other personnel, causing her to resign, ...

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