Virginia Employment Attorneys Archives

What is the purpose of the NDAA/Defense Contractor Whistleblower Protection Act?

Purpose of NDAA Whistleblower Protection Law The December 5, 2016 floor statements of Rep. Chaffetz and Rep. Cummings underscore how courageous whistleblowers play a … Continued

What do I do if I am sexually harassed by my employer in Virginia?

Contact a Virginia Sexual Harassment Attorney for a Free Consultation We represent victims of sexual harassment and work diligently to get them the maximum damages … Continued

How do I choose a top sexual harassment lawyer in Virginia, Maryland, and Washington DC?

Experienced and Effective Sexual Harassment Attorneys: Serving Maryland, Washington DC, and Virginia Our sex harassment attorneys are committed to recovering the maximum damages available for victims … Continued

What is arbitration?

When parties agree to arbitrate, it generally means they’ve agreed not file a case in court. Instead, their legal dispute will be heard by a … Continued

Can executives, partners, and other senior managers sue if they’ve suffered discrimination?

One of the more hotly debated topics is whether executives should be viewed as the employer versus the employee when they suffer discrimination at work. This … Continued

Is administrative leave or a paid suspension an adverse employment action?

While some courts have held that a paid suspension is not an adverse employment action, some judges have recognized how a paid suspension can … Continued

What is the standard for summary judgment in an employment discrimination or retaliation case?

To prevail on a motion for summary judgment, the movant must show that there is no genuine dispute as to any material fact and that the movant … Continued

What is the duty to mitigate damages?

To obtain economic damages (lost pay and benefits) in an employment-related lawsuit, you must show that you tried to mitigate your damages, i.e., you searched … Continued

Is denial of a transfer away from a biased supervisor an adverse action?

Yes. According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different … Continued

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any … Continued

Can a court grant summary judgment in a discrimination case prior to discovery?

As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual termination, they may constitute adverse actions. See, e.g., Winston v. Verizon … Continued

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