Kollman, Saucier, & Jackson, Author at Kollman, Saucier & Jackson P.A.

Employer’s Inconsistent Explanations Permits Claim To Survive Summary Judgment

Kollman, Saucier, & Jackson

03/15/2017

Disability & Leave, Employment Discrimination

A recent decision out of the Fifth Circuit Court of Appeals, Caldwell v. KHOU-TV, No. 16-20408 (5th Cir. March 6, 2017), offers an obvious, but important, reminder for employers -- provide consistent reasons for why you make employment decisions. Be honest. Be consistent. Don’t make stuff up. Otherwise, plaintiff-employees may be able to assail your explanation when and if litigation ensues. In Caldwell, the plaintiff claimed that he was...

Kollman, Saucier, & Jackson

03/08/2017

Virginia Employment Law, Wrongful Discharge

On February 23, 2017, the Virginia Supreme Court sustained a demurrer to a complaint alleging a Bowman claim of wrongful termination. Francis v. National Accrediting Commission of Career Arts & Sciences, Inc. No. 160267. The Court rejected an employee's claims that the public policy embodied in Virginia Code §§ 19.2-152.7:1 through 19.2-152.10 (the Protective Order Statutes) provides the basis for a wrongful discharge claim. According to...

Kollman, Saucier, & Jackson

03/02/2017

Trade Secrets & Restictive Covenants, Virginia Employment Law

On February 14, 2017, a federal judge denied a home builders’ motion for a preliminary injunction to stop a former employee covered by a non-compete agreement from working for a competing builder. Applying Virginia law, Judge Liam O’Grady of the United States District Court for the Eastern District of Virginia, Alexandria Division, ruled that the geographic scope of the non-compete was overbroad and, therefore, the agreement was invalid. NVR,...

Kollman, Saucier, & Jackson

02/24/2017

Age Discrimination, Employment Contracts, Employment Discrimination

Employers often think that not renewing an employee’s contract is somehow qualitatively different from a termination of employment. In some cases, and in certain limited circumstances, that may be true. It is not true, however, with regard to statutory retaliation claims (e.g., my contract was not renewed because I engaged in activity protected by Title VII, the ADA, the FLSA, or some other statute containing anti-retaliation provisions). In...

Kollman, Saucier, & Jackson

02/24/2017

Age Discrimination, Disparate Impact, Employment Discrimination

A federal judge in California recently ruled that PricewaterhouseCoopers, LLC (“PwC”) must defend against a class action claim of unintentional age discrimination. Rabin v. PricewaterhouseCoopers LLP, No. 16-cv-02276-JST (N.D. Cal. Feb. 17, 2017). On April 17, 2016, Steve Rabin, on behalf of himself and other similarly situated unsuccessful job applicants, filed a putative class action alleging that PwC maintains hiring policies and other...

Kollman, Saucier, & Jackson

02/02/2017

Supreme Court Decisions

It was a chatty ride to preschool with my Girl Child yesterday morning. We watched President Trump’s announcement of his SCOTUS nominee, Tenth Circuit Judge Neil Gorsuch last night, and she was engaging me in a game of rapid fire questions in an attempt to sort out the meaning of “nominee” in her four year old brain. What does that mean? What if they [Congress] say “No?” When do we get the real answer? And (my favorite): Will Judge...

Kollman, Saucier, & Jackson

01/30/2017

Agency Activity, Disability & Leave

The EEOC issued a resource document last month that discusses employee rights in the workplace related to mental health conditions. Below is a summary of key points: It Is Illegal to Discriminate Against an Employee Based on a Mental Health Condition. Discrimination includes, among other things, discharge, failure to hire or promote, and forced leave. Employers are not required to hire or retain employees who pose a “direct threat” to...

Kollman, Saucier, & Jackson

01/25/2017

Affordable Care Act, Legislative Developments

It has been five days since his inauguration, and the world continues to turn (and Trump continues to Tweet). Thus far, we have seen remarks on attendance figures at the Inauguration, "alternative facts," Cabinet appointments, and a slew of Executive Orders. Without getting into the politics of it all, here are some key highlights of Trump's first few days: Federal agencies have been instructed to freeze all pending regulations, which would...

Kollman, Saucier, & Jackson

01/20/2017

FMLA

Well, you know the rest. Unfortunately, a management-level employee in Florida perhaps doesn’t. In Holtrey v. Collier County Board of County Commissioners, an employee developed a chronic and serious problem with his genito-urinary system. He consequently applied for, and was granted, leave pursuant to the Family and Medical Leave Act. In doing so, he disclosed to his employer sensitive medical information, which a management-level...

Kollman, Saucier, & Jackson

01/18/2017

Age Discrimination, Employment Discrimination

In Karlo, et al. v. Pittsburgh Glass Works, LLC (no. 15-3435; filed January 10, 2017), the Third Circuit Court of Appeals ruled that plaintiffs in an ADEA disparate impact claim can make out a prima facie case by showing that certain age subgroups within the protected class were treated differently from other subgroups within that same class. Put another way, an employer cannot simply lump all those employees over the age of 40 into one pot when...

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Employer’s Inconsistent Explanations Permits Claim To Survive Summary Judgment

Virginia Supreme Court Affirms Dismissal of Bowman Claim Based on Protective Order Statutes

Virginia Court Strikes Down Homebuilder's Non-Compete Agreement

Non-Renewal of Contract or Termination?

Split Developing On ADEA Disparate Impact Claims

Trump Nominates Gorsuch to Fill Vacant Supreme Court Seat

EEOC Issues New Guidance on Accommodating Mental Health Disorders

President Trump Is Here...

If You Don’t Have Anything Nice to Say, ...

Appellate Court Holds That ADEA Plaintiffs Can Use Employees Over 40 as Comparators

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