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 ...

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

Where a plaintiff waited eight months after the deadline to respond to his employer’s summary judgment motion by trying to amend his complaint and there was no good cause for the delay, his motion was properly denied. The employer prevailed ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Employment Law

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. ...

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

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 ...

Tagged with: Employment Discrimination Employment Law Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Employment Employment Law Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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

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, ...

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

A cheerleading coach who worked on a defense base in Japan failed to show her age or race was the reason for her termination. The record showed multiple complaints from parents and cheerleaders, including that the coach was late to ...

Tagged with: Employment Employment Discrimination Employment Law Judge T.S. Ellis III

An employee who was not eligible for leave under the Family and Medical Leave Act cannot assert an FMLA retaliation claim. The plaintiff’s Title VII retaliation claim also did not survive summary judgment because her general gripes were not protected ...

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

Employment lawyers who have not stayed busy during the COVID-19 outbreak are “not being relevant to their clients,” said Fairfax attorney Declan Leonard. “I’m taking on cases that I’ve never had to deal with as an employment lawyer,” Leonard said, ...

Tagged with: Coronavirus Employment Law