Even though appellant’s employer, after prevailing before a Virginia Employment Commission deputy commissioner, stated it would not participate in further proceedings, the commission continued to find that appellant was disqualified from receiving benefits. “The circuit court upheld the VEC’s determination. ...

Tagged with: Employment Judge Frank K. Friedman Virginia Court of Appeals

Where an HVAC contractor manifested its intent to be bound by a collective bargaining agreement, it was liable for an exit contribution required under § 515 of the Employee Retirement Income Security Act of 1974, or ERISA, and that same ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Albert Diaz

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

Tagged with: 4th U.S. Circuit Court of Appeals Americans with Disabilities Act Employment Judge Roger L. Gregory

Where a former employee alleged that she repeatedly complained to upper management that the company was reporting false information to the Virginia Department of Medical Assistance Services, or DMAS, including in the six months leading up to her termination, her ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

A federal court has rejected ADA claims filed by a home healthcare manager who refused to go on patient field visits during COVID due to physical limitations and was fired after rejecting her employer’s proposed accommodation. The plaintiff claimed her ...

Tagged with: Americans with Disabilities Act Employment U.S. District Court - Eastern District

Where the question whether the reasonable relationship test applies to highly compensated employees, or HCEs, is pending before the U.S. Supreme Court, a collective action alleging employees were paid less than the requisite time and a half for hours worked ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

A lawyer’s claim that he was terminated by his municipal employer in retaliation for testifying about the mayor’s alleged corruption and abuse of power can go forward. Judge James P. Jones of the Western District of Virginia rejected the town’s ...

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

Where a former Town of Pound attorney alleged that he was terminated less than one week after he provided deposition testimony about alleged corruption and abuse of power by the mayor, and his interest in speaking on the issue outweighed ...

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

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to ...

Tagged with: Employment Justice LeRoy F. Millette Jr. Supreme Court of Virginia