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Tag Archives: Employment

WDVA: Branch transfer could be adverse employment action (access required)

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

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WDVA: Fired county employee’s First Amendment claim is triable (access required)

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

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CAV: Notice of injury can include later complications (access required)

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

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WDVA: Bank wins summary judgment on teller’s age claim (access required)

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

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WDVA: Conflicting reasons for employee’s termination merit trial (access required)

An employee failed to identify evidence that his supervisor’s lewd comments to him were because of (his) sex, but his employer’s varied explanations for terminating him after he complained precluded summary judgment as to retaliation. Because some evidence suggested that ...

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4th Cir.: High defamation standard applies to school board employee (access required)

Based on her responsibilities as set forth in the Virginia Code, a school board’s Director of Budget & Finance was a “public official” who had to show actual malice to prove that a TV news station defamed her. She failed ...

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CAV: Record supported pre-existing pain as cause of fall (access required)

The Workers’ Compensation Commission did not err in declining to infer that a claimant fell due to the condition of the floor where she slipped at work, rather than due to her pre-existing knee condition. Background In 2016, Appellant Sabrina ...

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4th Cir.: Employer not liable for supervisor’s crude comments (access required)

A plaintiff claiming that her supervisor defamed her with crude comments at work could not hold their employer vicariously liable for the statements. The comments were outside the scope of employment, and the district court lacked any indication that this ...

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CAV: Replacement WCC panel member was proper (access required)

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 ...

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SCV: Prior retirement foreclosed line-of-duty benefits (access required)

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

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