Virginia Employment Law | Labor Attorney

Failure to Mediate Bars Claim for Unpaid Wages

Eric Paltell

09/07/2018

The Supreme Court of Virginia has affirmed the dismissal of a suit for unpaid wages because of the plaintiff's failure to seek mediation before filing suit. In Primov v. Serco, Inc., the Court upheld the Circuit Court of Fairfax County's dismissal of a complaint with prejudice upon sustaining a plea in bar for failure to comply with a contractual condition precedent before filing suit. In Primov, the plaintiff alleged that he had an employment...

Eric Paltell

09/07/2018

Sexual Harassment, Virginia Employment Law

Sometimes I read cases that make me realize how boring and uneventful my worklife is compared to the workplaces we read about as employment lawyers and mediators (and that is a good thing). A recent decision from the United States District Court for the Western District of Virginia drove that point home yet again. In Funk v. MWX Technologies, Inc., No. 6:16-cv-53 (W.D. Va. 8/22/18), Terry Trent and Perry Funk were male co-workers. According to...

Eric Paltell

06/14/2018

Restrictive Covenants, Virginia Employment Law

As a general rule, Virginia courts are reluctant to enforce non-compete agreements because they are disfavored restraints on trade. However, when the agreements are narrowly tailored, restrictive covenants will be enforced. A recent decision from the United States District Court for the Eastern District of Virginia provides good guidance as to what type of agreement will be upheld. Update, Inc. v. Lawrence Samilow, Case No. 1;18-cv-00462-TSE-JFA ...

Bernadette Hunton

06/12/2018

Supervisor Liability, Virginia Employment Law

Under the theory of vicarious liability, employers can be held responsible for an employee’s wrongful conduct provided he is acting within the scope of his employment. But as the Fourth Circuit Court of Appeals reminded us this week, not all workplace conduct which gives rise to a lawsuit against an employee, gives rise to one against his employer as well. Garnett v. Remedi Seniorcare of Virginia, LLC, No. 17-1890 (6/11/18). In this case,...

Eric Paltell

03/13/2018

Age Discrimination, Employment Discrimination, Virginia Employment Law

On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years. In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary judgment to the employer, reasoning that the undisputed facts showed that the plaintiff could not prove that she was meeting...

Eric Paltell

01/23/2018

Virginia Employment Law

On January 17, 2018, Delegate Chris Hurst of Blacksburg introduced legislation that would grant civil immunity to employers who share information about violent acts or threats made by current or former employees to prospective employers or law enforcement agencies. The proposed legislation, House Bill No. 1457, would also grant civil immunity to employers who rely upon such information in hiring decisions. The bill would protect employers who...

Eric Paltell

12/13/2017

Employment Discrimination, Virginia Employment Law

I've been practicing employment law for over 30 years, and one thing I have learned over those three decades is that you can generally predict how a judge will rule in your case by reading the first couple paragraphs of their decision. In Bowman v. Rescare Inc., Braley and Thompson, Civil Action No. 3:16-CV-601-JAG (10/19/17) , a recent decision from the United States District Court for the Eastern District of Virginia, Richmond Division, Judge...

Eric Paltell

08/04/2017

Virginia Employment Law, Whistleblowers, Workplace Safety

On July 14, 2017, a Norfolk federal judge denied a motion to dismiss a former Red Cross employee's claim that her employer fired her for reporting what she believed were health and safety violations committed by her supervisor. Easterbrooks v. American Red Cross, No. 2:17cv98 (E.D. Va. 2017). Judge Raymond Jackson ruled that plaintiff Julie Easterbrook's claims were sufficient to state a cause of action under Virginia Code Section 40.1-51.2.1,...

Eric Paltell

06/28/2017

Virginia Employment Law, Wrongful Discharge

Virginia courts recognize a narrow exception to the employment at will doctrine for employees who claim to have been discharged in violation of public policy. Known as Bowman claims (after the seminal 1985 Bowman v. State Bank of Keysville decision), employees can bring a claim for "wrongful discharge" if they can show that a statute expressly or implicitly protects them from being discharged for conduct covered by the statute. In the recent...

Kollman & Saucier

06/16/2017

Sexual Harassment, Virginia Employment Law

Sex, lies, but no videotape. A Virginia restaurant was faced with this juicy but difficult harassment investigation involving several current and former employees. After sorting out the sordid claims, the Fourth Circuit Court of Appeals held that employers who honestly believe, after investigation, that employees have made false harassment complaints are permitted to use their business judgment to discipline or terminate the person who they...

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Failure to Mediate Bars Claim for Unpaid Wages

Male Employee's Sexual Comments to Male Coworker Sufficient to Send Harassment Claim to Jury

Virginia Federal Court Enforces Non-Compete Agreement

Pharmacy Not Liable for Employee’s Defamatory Statements Made In The Workplace

Court Dismisses Grumpy Hospital Clerk's Claim of Age Discrimination

Virginia General Assembly Considering Legislation To Limit Liability for Disclosing Threats of Workplace Violence

Richmond Court Dismisses Discrimination and Retaliation Claims

Red Cross Stuck With Phlebotomist's Retaliatory Discharge Claim

Virginia Court Refuses to Dismiss Jeweler's Bowman Claim

Employer Lawfully Fired Employee for Making Harassment Claim

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Category: Virginia Employment Law

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