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 ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Employment First Amendment Judge Henry F. Floyd Personal Injury Tort

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 ...

Tagged with: Employment Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III Personal Injury Tort

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 ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

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 ...

Tagged with: Administrative Employment Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

A white high school principal can proceed with discrimination claims against the school board, which allegedly demoted her after the superintendent implied that school staff should “look like” the student body. Background Plaintiff Angela Weinerth is a white female over ...

Tagged with: Civil Rights Education Employment Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

Tagged with: Administrative Employment Employment Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

Tagged with: Business Law Contract Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District