201412.01
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Your automatic email acknowledgement may be used as evidence against you in a court of law.

Wilson v. Dollar General Corporation, et al., Case No. 4:14-cv-00033 (W.D.Va. November 30, 2014). We wrote about Lamont Wilson’s termination from his job at Dollar General Corporation last year here. In that case, Mr. Wilson was permanently blind in one eye, and began to lose the sight in his other eye. He sought additional leave…

201407.31
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If you’re a highly compensated computer guru that the company depends upon to design and implement computer solutions, you probably can’t get overtime.

Mock v. Federal Home Loan Mortgage Corporation, Civil Action No. 1:13cv1292 (E.D.Va. July 15, 2014). Dan Mock brought a lawsuit against his employer, Federal Home Loan Mortgage Corporation (also known as Freddie Mac), alleging that Freddie Mac had misclassified him as an exempt employee for purposes of overtime compensation under the Fair Labor Standards Act…

201403.02
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If you’re in sales, you’re not entitled to overtime if you work outside “more than occasionally.”

Hantz v. Prospect Mortgage, LLC, Civil Action No. 1:13cv1435 (E.D. Va. Feb. 5, 2014); Cougill v. Prospect Mortgage, LLC, Civil Action No. 1:13cv1433 (E.D. Va. Jan. 14, 2014). Plaintiff Ronald Hantz worked as a mortgage loan officer at Prospect Mortgage from January 24, 2007, until October 16, 2009. Plaintiff Allison Cougill worked as a mortgage…

201307.27
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If you sponsor your employees’ life insurance plan, be careful or you might wind up paying the claim.

Lewis v. Kratos Defense and Security Solutions, Inc., et al.  Case 1-12-cv-01012-TSE-TCB (E.D. Va. June 11, 2013). The Plaintiff in this case, the widow of the late Jimmy Lewis, brought this suit to recover benefits under her late husband’s employer-sponsored life insurance plan. Mr. Lewis had been employed by the Defendant Kratos at the time…

201305.19
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If you get fired because your health goes bad and you have to file for bankruptcy, you can still sue your employer over the firing. (Well, maybe.) But it doesn’t mean you’re going to win.

The ADA performs a number of laudatory functions, not the least of which is to protect disabled individuals from insidious discrimination by requiring employers to reasonably accommodate their disability. The law, however, cannot remedy every misfortune. It can only correct that which it prescribes to correct. Wilson v. Dollar General Corporation, ___ F.3d ___, 2013…

201201.30
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You can’t use your old employer’s trade secrets, even if you’re not competing.

Collelo v. Geographic Services, Inc., ___ Va. ___ (January 13, 2012) Geographic Services, Inc. (“GSI”) subcontracts with various United States government prime contractors, including the Boeing Company (“Boeing”), to perform what is known as “geonames” work. Geonames work involves entering data into a spreadsheet, sometimes thousands of items, referring to a map feature. Once all…

201201.24
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You can put your arms around your co-worker, just don’t be rude about it.

Balas v. Huntington Ingalls Industries, Inc., Civil Action No. 2:11-cv-347 (E.D. Va. January 18, 2012). Plaintiff Karen Balas sued her former employer, Huntington Ingalls Industries, alleging sexual harassment under Title VII of the Civil Rights Act of 1964 (“Title VII”), retaliatory termination under Title VII, wrongful discharge, assault and battery, and intentional infliction of emotional…

201111.13
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This might be a good time to look at your non-compete agreement.

Home Paramount Pest Control Companies, Inc. v. Shaffer, __ Va. __ Record No. 101837, Virginia Supreme Court, November 4, 2011. Justin Shaffer was an employee of Home Paramount Pest Control. In January, 2009, Shaffer signed an employment agreement that contained the following non-compete language: The Employee will not engage directly or indirectly or concern himself/herself…