Must a company allow an employee to work from home rather than from the office?
While traditionally the answer is “no,” a recent Federal Court of Appeals decision suggests that, in some circumstances, the answer is now “yes.” Telecommuting appeared as a workplace phenomenon in the 1970s, primarily to reduce fuel consumption during the OPEC...
Employee’s WARN Act, COBRA and ERISA Claims Stayed for Arbitration
The Western District of Virginia Federal Court recently ruled that an employee cannot bring class-action employment and benefits claims against his employer when he previously agreed to arbitrate them. Reinforcing recent federal decisions favoring employment arbitration, the Court stayed the...
Overtime Claim Dismissed Where Employer Relied on Employee’s Timesheets
A recent federal court decision in the Eastern District of Virginia dismissed an employee’s overtime claim at summary judgment because the employer proved that it relied upon the employee’s own unaltered timesheets in paying the employee. In the case of...
EEOC Releases Guidance on Workplace Accommodations for Religious Dress and Grooming
On March 6, 2014, the U.S. Equal Employment Opportunity Commission issued two new technical assistance publications addressing workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964. The EEOC...
Is a company required under federal law to fire a harassing employee?
No, the law does not necessarily require this, although many companies often take this dramatic step to resolve a harassment situation. Yet as the Fifth Circuit U.S. Court of Appeals recently ruled, disciplinary actions less than discharge can often satisfy...
Federal Employee Proves Age Bias by High-Level Supervisor, Yet Claim Dismissed
A civilian DoD employee lost her age-discrimination case last month, even though she successfully proved that her second-line supervisor was biased against older workers. In Jernagin v. McHugh (No. 1:12-cv-1285), the U.S. District Court in Alexandria found that even though...
4th Circuit Reverses Trial Court, Finds Worker’s Wrongful Discharge and Retaliation Claims Should Have Proceeded
In a recent unpublished opinion, the Fourth Circuit decided that a significant portion of an employee’s lawsuit should have proceeded when she was terminated just six days after she complained about age discrimination at work. The case is Buchhagen v....
Do EAP counselors owe a duty of loyalty to employees seeking their help?
Surprisingly no, as shown by a recent federal court decision in Virginia rejecting such a claim by an Employee Assistance Program (EAP) counselor who helped an employee stop alleged harassment. See DeMasters v. Carilion Clinic, Civil Action No. 7:12-cv-580 (W.D....
Grasping At Straws: Virginia’s Defamation Standard Requires More
Many times, defamation lawsuits are filed based on suspicion that a former employer has disparaged the plaintiff because companies to which she has applied have not hired her. While this may seem like a proper basis for legal action, a...