Plaintiff employer cannot recoup compensation paid to defendant employee while he allegedly concealed job-related wrongdoing. This letter opinion is issued to explain why it differs from an opposite conclusion another judge of this court reached in a related case. Overview ...

Tagged with: Employment Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

An employee who incurred medical expenses in excess of $286,000 after her health insurance was canceled for failure to remit premiums will proceed to trial against a former company officer because a reasonable factfinder could decide the officer exercised discretionary ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

Where exotic dancers claimed they were not compensated for working more than 40 hours per week, and managers alleged their time sheets were altered to prevent them from being compensated in excess of 40 hours, they plausibly alleged violations of ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Where a former Virginia Beach city employee was terminated for making comments that she believed a gunman who killed and injured several city employees was “pushed until he snapped” and may have been bullied by supervisors, her comments were individualized ...

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

Although the former employee violated a noncompete agreement by taking a new position, the request for a preliminary injunction was denied because the evidence did not show the employee received extensive or specialized training sufficient to justify the restrictions. Background ...

Tagged with: Employment Judge James P. Jones U.S. District Court - Western District

Although a former sales consultant alleged he was terminated to avoid paying him a significant bonus, the Virginia Wage Payment Act neither protects an employee’s exercise of his right to receive wages nor sets forth a public policy necessary to ...

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

Where claimant contested the denial of her claim for unemployment compensation, her appeal lacks merit because she is only challenging alleged errors of the Virginia Employment Commission instead of the trial court’s ruling. “Claimant raises several assignments of error, none ...

Tagged with: Employment Virginia Court of Appeals

At some point, everyone dreams about having the power to hurry along the hands of time, to hasten the arrival of the weekend, or maybe a vaccine. Contract law gives lawyers something akin to this sort of power: the ability ...

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

Where the defendants presented “credible evidence” that alleged employment agreements on which plaintiffs based their claims of breach and conspiracy to steal trade secrets were forgeries, an evidentiary hearing will be held to determine if a fraud was perpetrated upon ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District

A federal judge has put on hold the usual motion to dismiss in a noncompete and trade secrets case to let the parties explore whether the alleged noncompete agreements were actually signed by the departed employees. Those employees – sales ...

Tagged with: Employment Judge Thomas T. Cullen Noncompete Trade secrets U.S. District Court - Western District