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Aug 1, 2017

Job Documents Together Authorize Mediation

A mediation clause in plaintiff’s contract to work for U.S. operations in Afghanistan in his Letter of Assignment is binding, even though his Offer Letter did not include the clause; the Fairfax Circuit Court dismisses his contract action alleging failure to pay promised “hardship pay” because plaintiff failed to seek mediation prior to filing suit. […]

Jul 31, 2017

‘The Pence Policy’

A politician’s policy of avoid­ing one-on-one meals with female associates sparked an outcry among many em­ployment lawyers and cul­tural commentators, but the practice espoused by Vice President Mike Pence may be more widespread than many professionals expect­ed. Virginia labor and employment attorneys expressed surprise at a recent poll – conducted for the New York Times […]

Jul 28, 2017

Law Firm Wins Contingent Fees, ERISA Fees

In this suit by an employee of a government contractor challenging two transactions involving an Employee Stock Ownership Plan, the Alexandria U.S. District Court will not amend its  judgment awarding the ESOP over $29 million in damages, and the court awards plaintiff’s counsel $1,819,631 in fees and costs under ERISA’s fee-shifting provisions, to be offset […]

Jul 28, 2017

Jury Can Hear Quid Pro Quo Harassment Claim

Although plaintiff probation officer’s supervisor purportedly was only being a “caring supervisor” when he rubbed her hand with his thumb and said he “hoped they could work something out” so she could keep her job, plaintiff has presented a jury issue on her claim of quid pro quo sexual harassment and on her claims of […]

Jul 28, 2017

Granite Installer Waived FLSA Pay Claim

Employer, a granite countertop company, wins summary judgment in an employee’s suit seeking overtime pay for allegedly routinely missing lunch breaks in order to complete daily tasks and for hours worked in excess of 40 hours per week; plaintiff’s claims are either time-barred or barred by a release he signed in order to receive over […]

Jul 28, 2017

Engineer Alleges National Origin Bias

A network engineer of Nigerian national origin who alleges defendant wrongfully terminated his Consultant Agreement cannot sue for breach of contract, as that claim is time-barred under Virginia law, but he has a chance to amend his personal and corporate claims for national origin discrimination under Maryland law, says an Alexandria U.S. District Court; plaintiff […]

Jul 28, 2017

Hospital Lab Tech Given Custom Work Station

The Alexandria U.S. District Court grants employer summary judgment in plaintiff pathology assistant’s suit alleging violations of the Americans with Disabilities Act; defendant hospital provided multiple accommodations for plaintiff’s back spasms, including work-station modifications to allow her to sit while working, despite plaintiff’s certification in her application that she could stand[...]

Jul 28, 2017

Arbitration Ordered for Airline Bonus Dispute

In plaintiff airline pilots’ association’s suit alleging defendant airline violated the governing Railway Labor Act by distributing recruitment and retention bonuses that modified “rates of pay” under the parties’ union contract, the Alexandria U.S. District Court says this presents a “minor” dispute under the RLA that is subject to mandatory, binding arbitration. Common carrier Pla[...]

Jul 28, 2017

Costs Awarded Against Title VII Plaintiff

Defendant Salvation Army avoided liability in a workplace sexual harassment suit by showing a jury that it was never notified about the abuse; the Roanoke U.S. District Court awards the employer $4,728.90 in costs, after excluding costs for a videotape deposition of plaintiff and daily trial transcripts. The employer requests $6,856.80 in costs. The court […]

Jul 28, 2017

Dosimetrist May Pursue Defamation Claim

An Abingdon U.S. District Court denies defendant’s motion for summary judgment in this suit filed by plaintiff, a dosimetrist who is part of a radiation oncology team and who alleges an external auditor defamed her in reviewing services provided by plaintiff’s employer. Intent and motive Defendants have moved for summary judgment on three grounds: that they are […]

Jul 28, 2017

‘Fair Procedure’ Claim Wins, But No Damages

A Harrisonburg U.S. District Court Magistrate Judge recommends partially granting cross-motions for summary judgment in an engineering technician’s suit for denial of a common law right of fair procedure, based on allegations that he lost his job when his certification was suspended due to defendant accrediting organization’s failure to identify a clerical error as the […]

Jul 28, 2017

Fired employee could sue for blood safety claim

An American Red Cross employee can  sue  for  retaliatory termination after she reported a supervisor’s alleged contamination of personnel and blood products while drawing blood from two donors, a Norfolk federal court has ruled. When the employee was fired several days after  her  report,  she  filed  a  discrimination complaint with the Virginia Department of Labor […]

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