Category Archives: Employment Law

The Western District of Virginia Federal Court recently ruled that an employee cannot bring class-action employment and benefits claims against his employer when he previously agreed to arbitrate them.  Reinforcing recent federal decisions favoring employment arbitration, the Court stayed…

A recent federal court decision in the Eastern District of Virginia dismissed an employee’s overtime claim at summary judgment because the employer proved that it relied upon the employee’s own unaltered timesheets in paying the employee.  In the case…

On March 6, 2014, the U.S. Equal Employment Opportunity Commission issued two new technical assistance publications addressing workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964. The…

No, the law does not necessarily require this, although many companies often take this dramatic step to resolve a harassment situation.  Yet as the Fifth Circuit U.S. Court of Appeals recently ruled, disciplinary actions less than discharge can often…

A civilian DoD employee lost her age-discrimination case last month, even though she successfully proved that her second-line supervisor was biased against older workers.  In Jernagin v. McHugh (No. 1:12-cv-1285), the U.S. District Court in Alexandria found that even…

In a recent unpublished opinion, the Fourth Circuit decided that a significant portion of an employee’s lawsuit should have proceeded when she was terminated just six days after she complained about age discrimination at work.  The case is Buchhagen…

Surprisingly no, as shown by a recent federal court decision in Virginia rejecting such a claim by an Employee Assistance Program (EAP) counselor who helped an employee stop alleged harassment.  See DeMasters v. Carilion Clinic, Civil Action No. 7:12-cv-580…

Many times, defamation lawsuits are filed based on suspicion that a former employer has disparaged the plaintiff because companies to which she has applied have not hired her.  While this may seem like a proper basis for legal action,…

Family Dollar Stores, Inc. is facing heat from some 51 female managers that claim that the Dollar Store’s corporate headquarters created a system of compensation that caused female store managers to be paid less than males.  The plaintiffs allege…

Generally no, the employer will not be responsible for intentional acts resulting from personal workplace disputes except in limited instances.  An employer will be deemed responsible for employee conduct that occurs within the “scope of employment” (or within a…