A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

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

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

In a class action lawsuit against an employer, the employer was liable for unpaid overtime for out-of-town travel involving an overnight stay even though at least one of the members of the class did not engage in such travel. Background ...

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

A plaintiff alleging her former employer deprived her of wages for hours worked can proceed with an unjust enrichment claim as it does not require an interpretation of the collective bargaining agreement, and is thus not preempted by the Labor ...

Tagged with: Employment Judge Jackson L. Kiser U.S. District Court - Western District

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

The termination of a child counselor at a city-run juvenile detention center following a physical abuse incident did not violate the counselor’s due process rights because the counselor was given the opportunity to address the allegations against him in a ...

Tagged with: Employment Judge Arenda L. Wright Allen U.S. District Court - Eastern District

A CFO who was terminated five months after filing a complaint with the Office of State Inspector General alleging financial wrongdoing by the executive director could proceed on his claims of retaliatory discharge, but he failed to show that any ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District