An employee cannot break the law in order to collect evidence in support of a workplace discrimination lawsuit, the 4th U.S. Circuit Court of Appeals has ruled. Judge Diana Motz, writing for a unanimous panel, said that for an employee’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Employment Law Judge Diana Gribbon Motz

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

Tagged with: Administrative Employment Employment Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

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