Monthly Archives: February 2012

EEOC Verdicts and Settlements — December 2011

Our update on EEOC verdicts and settlements for December 2011 after the break.

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Pre-Eligibility Request Under FMLA May Constitute Protected Activity

The U.S. Court of Appeals for the Eleventh Circuit has now held that the Family and Medical Leave Act (“FMLA”) protects an employee from retaliation or interference because of a pre-eligibility request for leave.  More after the break.

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Anticipated Discharge Is Not Good Cause For Voluntary Resignation

Can an employee in Virginia voluntarily resign their position out of fear of an impending discharge for poor performance and subsequently receive unemployment benefits?  The Court of Appeals recently held that an anticipated discharge is not “good cause” to resign.  … Continue reading

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NY Business Fined For Not Giving Employees Enough Polo Shirts

According to Overlawyered.com, “New York’s notoriously stringent Department of Labor has fined a pizza shop owner $5,535 for not giving his employees enough polo shirts to wear — at least five for those who work five days a week, even … Continue reading

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Recent Jury Verdicts and Settlements

Our latest update on recent employment-related jury verdicts and settlements after the break.

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Competitive Use Of Trade Secrets Not Necessary For Liability

On January 13, 2012, the Supreme Court of Virginia reviewed an appeal from the Circuit Court of Fairfax County regarding an employment agreement that included a non-disclosure provision.  The Court held that the Virginia Trade Secrets Act does not require … Continue reading

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Virginia Supreme Court Applies Workers Compensation Bar To Subsequent Lawsuit Against Uninsured Employer

Can an employee pursue a lawsuit against his employer for personal injuries if he has already filed a workers’ compensation claim when the employer was not insured?  Interestingly, under Virginia law, the answer apparently depends on whether the workers’ compensation … Continue reading

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EEOC Verdicts and Settlements — November 2011

Our update on EEOC verdicts and settlements from November 2011 after the break.

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Illinois Employee Fired For Working During Lunch Break Generates Press

A receptionist in Chicago, Illinois was terminated by her employer for clocking out for her lunch break and continuing to work and was eventually awarded unemployment benefits.  The case has generated a significant amount of press and television coverage, but … Continue reading

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Recent Jury Verdicts and Settlements

Our latest update on recent employment-related jury verdicts and settlements after the break.

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New Law Protecting Unemployed From Discrimination Will Cost DC

With the economy in turmoil, DC (among other jurisdictions) is considering adding the “unemployed” to the list of protected classes under its human rights act.  Contrary to popular belief, doing so is not free.  More after the break.

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Judge Finds That OFCCP’s Audit Selection Is Limited By Fourth Amendment

In Bank of America N.A. v. Solis, No. 09-2009 (D.D.C. Dec. 13, 2011), United States Magistrate Judge Deborah A. Robinson for the District of District of Columbia issued a report and recommendation that includes a finding that OFCCP’s ability to … Continue reading

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