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Tag Archives: Employment

Claim that termination based on refusal to join in criminal act fails (access required)

The former employees’ amended complaint did not allege facts plausibly suggesting they were asked or directed to engage in a criminal act by insurance providers that could lead to prosecution under Virginia law, or that their termination was based on ...

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Complaints from cheerleaders, parents support coach’s termination (access required)

A cheerleading coach who worked on a defense base in Japan failed to show her age or race was the reason for her termination. The record showed multiple complaints from parents and cheerleaders, including that the coach was late to ...

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Ineligibility for leave dooms FMLA retaliation claim (access required)

An employee who was not eligible for leave under the Family and Medical Leave Act cannot assert an FMLA retaliation claim. The plaintiff’s Title VII retaliation claim also did not survive summary judgment because her general gripes were not protected ...

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Bias claims against state agency are time-barred (access required)

Where the relevant conduct in an employee’s bias complaint occurred more than 300 days before the operative charge of discrimination was filed with the Equal Employment Opportunity Commission, or EEOC, her discrimination, retaliation and hostile work environment claims were time-barred. ...

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Crime-fraud exception applies to law firm (access required)

Where a federal loan servicer offered evidence suggesting a law firm operated a fraudulent scheme to create lawsuits under the Telephone Consumer Protection Act, or TCPA, the firm was ordered to produce documents because of the crime-fraud exception to attorney-client ...

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WARN Act’s ‘mobile worker’ definition not satisfied (access required)

Employees who alleged that General Dynamics Information Technology, or GDIT, violated the notice period for mass layoffs under the Worker Adjustment and Retraining Notification Act, or WARN Act, did not allege facts showing they were employed at a single site ...

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Attorneys’ fees reduced due to unreasonable conduct (access required)

Although a woman who successfully sued a Korean news outlet under the Fair Labor Standards Act was entitled to recover her attorneys’ fees, her lawyer’s unreasonable conduct, including excessive litigation and inadequate record keeping, and overall lack of success resulted ...

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Prison guard’s termination for fraternizing upheld (access required)

Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

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Enforceable non-solicitation clause can be severed (access required)

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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