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Tag Archives: Employment Law

Officer’s retaliation claims survive (access required)

Police car

A Richmond police officer’s allegations that he was retaliated against after complaining about being denied a promotion for discriminatory reasons have survived the city’s motion to dismiss. The Eastern District of Virginia found the officer had sufficiently alleged a violation ...

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Statements direct evidence of discriminatory motive (access required)

Employee leaving office after being fired or laid off

A man’s gender-based wrongful termination claim has survived summary judgment because the company CEO’s alleged role in his firing provided direct evidence of discriminatory motive. The plaintiff alleged that during his employer’s investigation of sexual harassment complaints against him, the ...

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Retaliation claim vs. university survives (access required)

Dropped from team concept

A former human resources director’s retaliation claim survived his former employer’s motion to dismiss after the U.S. District Court for the Eastern District of Virginia determined that the plaintiff’s allegations “sufficiently allege materially adverse employment actions.” The defendant, Norfolk State ...

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Misconduct, not retaliation, led to worker’s termination (access required)

An employer was granted summary judgment against hostile work environment and retaliation claims filed by a former employee who reported sexual harassment by a co-worker but admitted she leveraged an offensive video to “elicit a cash payment” from the harasser. ...

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4th Circuit recognizes ‘overtime gap time’ claim under FLSA (access required)

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

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Nursing employee’s ADA claim proceeds (access required)

A nursing employee’s claims that her former employer violated the Americans with Disabilities Act, or ADA, by failing to accommodate her disability survived a motion to dismiss filed by the employer. A motion to dismiss by an individual defendant in ...

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Headaches meet test for woman’s ADA claim (access required)

Unpredictable, debilitating migraine headaches alleged by a former employee are enough to support a wrongful termination claim under the Americans with Disabilities Act, according to a ruling from an Abingdon federal judge. The plaintiff contends her stroke-like headaches left her ...

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