Terminating an Employee for Her Refusal to Have an Abortion Does not Contravene Virginia’s Public Policy
While Virginia strongly adheres to the employment-at-will doctrine, many employers have worried that the Virginia Supreme Court’s recognition of a public policy exception to this doctrine would make employers vulnerable to a host of wrongful discharge claims. However, a Federal...
Answer to the Employment Law Question for September 2012
As a recent lawsuit shows, an employer can generally discipline an at-will employee for such conduct, and may even bring legal action against him or her. (Employment at will is the default and most common employment relationship, allowing termination for any reason...
Can One Get Fired for “Liking” a Competitor’s Facebook Page?
The legal implications that social media has on employees and employers is a still-evolving concept; however, courts are increasingly hearing more cases where employers may land themselves in hot water for making employment decisions based on an employee’s internet postings. ...
Fourth Circuit Rules that an Employee Taking and Misusing Confidential Computer Data Does Not Violate the Computer Fraud and Abuse Act
In a recent decision that the court acknowledged would disappoint employers hoping to rein in rogue employees, the Fourth Circuit refused to apply the federal Computer Fraud and Abuse Act (“CFAA”) to workers who access computers or information in bad...
Federal Court Holds That Termination of Employee Based on Wife’s Medical Condition Did Not Violate Federal Law
The federal Genetic Information Nondiscrimination Act (“GINA”) makes it unlawful for an employer “to fail or refuse to hire, or to discharge, . . . or otherwise to discriminate against any employee . . . because of genetic information with...
Employer is Not Entitled to Recover Attorney’s Fees When Victorious Against the EEOC
The Equal Access to Justice Act (EAJA) was designed to address the disparity of resources between the government and a private party to a lawsuit. Its mandatory fee provision requires the government to bear the litigation costs of a prevailing...
Employers Cannot Put Class Action Waivers in Employment Agreements
Employment arbitration agreements that bar employees from filing class actions against their employers, and instead require cases to be brought separately, violate federal labor law, the National Labor Relations Board (“NLRB”) held this month. The decision is D.R. Horton, Inc. and Michael Cuda....
Failure to Post NLRB Notice is “Unfair Labor Practice”
On August 30, 2011, the National Labor Relations Board (“NLRB”) issued a rule mandating that all employers subject to the NLRA “post notices to employees, in conspicuous places, informing them of their NLRA rights, together with Board contact information and...
An Employee Sexually Assaulted Twice within Four Days Loses Harassment Claim – Employers Must Move Fast, but Not that Fast.
Under Federal law, an employer can be held liable for sexual harassment among co-employees, regardless of whether one has supervisory authority over the other. However, the employer will not be held liable if it promptly responds in a reasonable manner...