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Tag Archives: Employment

WDVA: Disabled vet’s disparate-treatment claim is triable (access required)

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

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EDVA: FLSA plaintiffs win nearly $700,000 in fees, costs (access required)

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

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4th Cir.: Arbitrator’s decision mooted injunction appeal (access required)

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

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EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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WDVA: Contract’s USERRA waiver could be invalid (access required)

A veteran waived his right to bring USERRA claims against his employer by signing a general release in a severance agreement, but further inquiry was necessary as to how the consideration for this release compared to benefits he would have ...

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CAV: Employment agreement controlled care payments (access required)

Based on a broadly-worded employment agreement, an employer could unilaterally stop providing care payments for an injured employee based on a doctor’s assessment that the employee no longer needed such care. Background While working for Appellee Sonny’s Auto Racing, Appellant ...

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WDVA: ADEA claim fails after “sham affidavit” ruling (access required)

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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WDVA: Jury to consider hostile-work-environment claim (access required)

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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