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 ...

Tagged with: Employment Judge Rebecca Beach Smith U.S. District Court - Eastern District

Although the Fourth Circuit has not applied equitable estoppel in the context of FMLA eligibility, other circuits have. Because the employee argued the employer’s statements led him to act in a certain way, the employer’s motion to dismiss was denied. ...

Tagged with: Employment Judge Ivan D. Davis U.S. District Court - Eastern District

An allegedly defamatory statement made by a manager about the reason for an employee’s termination was not published to a third person, and thus could not support a claim for defamation. Written statements contained in the termination notice were privileged ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

Where an alleged wrongful termination, common-law conspiracy and statutory conspiracy occurred at the Redford Arsenal, land ceded to the United States, there was subject matter jurisdiction because the land was a “federal enclave.” The same claims, however, failed as a ...

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

Saying businesses have no right to put an “impermeable barrier” around employees and contractors, a Fairfax circuit judge has rejected an action to enforce broadly written noncompete and nonsolicitation clauses. The ruling could open opportunities for medical professionals and others ...

Tagged with: Employment Fairfax County Circuit Court Judge John M. Tran

Where the plaintiff filed suit in the Western District alleging he and a nationwide class of workers were misclassified as independent contractors, his motion to change venue to Texas was rejected because defendants and documents are located here, and Texas ...

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

Where the former Superintendent of the Lancaster County Public School Division whose contract was not renewed alleged facts sufficient to sustain a claim for defamation based on statements made, motions to dismiss brought by the school board chair and a ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the former president of a Teamsters sued the union for unpaid wages and benefits, the claims did not fall under § 301 of the Labor Management Relations Act of 1947, or LMRA, thus requiring the case to be remanded ...

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

Where the company closed without providing notice to its 150 employees  required under the WARN Act, the employees were awarded damages including back pay, vacation pay and benefits. Background Plaintiffs sued FCI Enterprises LLC, in addition to FCI’s corporate officers ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where employees suing their former employers for wrongful termination related to alleged criminal activity failed to plead facts sufficient to fit within Virginia’s narrow exception to at-will employment, they may try again based upon their representations they had additional facts ...

Tagged with: Employment Judge Glen E. Conrad U.S. District Court - Western District