About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Litigation
Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption
The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading
Companies utilizing online applications recently received a favorable ruling regarding the use of online background check disclosure forms. In Goldberg v. Uber Technologies, Inc., et al., the pro se plaintiff challenged the online background check disclosure form used by Raiser, … Continue reading
On October 20, 2014, the U.S. Court of Appeals for the Fifth Circuit found that performance improvement plans (“PIPs”) do not constitute an intolerable working condition sufficient to support a constructive discharge claim.
In a recent decision, the U.S. District Court for the District of Iowa showed employment lawyers that government agencies will be held equally accountable for failures of due diligence by requiring the EEOC to pay $4,189,296.10 in attorneys’ fees for … Continue reading
In Carter v. Luminant Power Serv. Co., No. 12-10642 (5th Cir., April 3, 2013), the Fifth Circuit found that attorneys’ fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. More after the break.
In a flagrant case of destruction of evidence, the U.S. District Court for the Eastern District of Virginia took the extreme step of dismissing a discrimination plaintiff’s lawsuit in the case of Taylor v. The Mitre Coroporation, Civil Action No. … Continue reading
In Car Pool, LLC v. Hoke (3:12-cv-511), the U.S. District Court for the Eastern District of Virginia allowed claims for breach of a settlement agreement between an employer and employee to proceed to discovery. The Court also allowed the employee’s … Continue reading
Virginia Fares Well In U.S. Chamber Survey Of State Tort Liability Systems. California, Not So Much.
The U.S. Chamber Institute for Legal Reform has released the results of its annual survey of state tort liability systems. The report itself can be found here. More after the break.
You have to read the Order to see it.
After prevailing at summary judgment in an employment discrimination suit, defendant Verizon South, Inc. sought an award of its costs for $7,564.40. This amount included costs for the service of subpoenas by a private process server, the transcripts of eight … Continue reading
The U.S. Supreme Court heard oral argument today in the Wal-Mart Stores v. Dukes lawsuit. The case presents significant issues on federal class actions and, even though resolution of the dispute may ultimately cost Wal-Mart millions if not billions of … Continue reading
In a recent decision, the California Court of Appeal held that emails sent by an employee to her attorney on her employer’s computer regarding possible legal action against her employer were admissible as the emails did not constitute confidential attorney-client … Continue reading
A pair of recent decisions suggests that frivolous employment lawsuits are being met with increased scrutiny by the courts. Both cases resulted in attorneys’ fee awarded to the prevailing defendant. More after the break.
The 2010 Fulbright & Jaworski L.L.P. Litigation Trends Survey has come out. Employment litigation is on the rise. More after the break.