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SOX Claimants May Be Entitled To Front Pay

Published on January 13, 2014

In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award.  This issue was a matter of first impression for the district court, and it is unclear whether the Fourth Circuit will agree with the district court’s interpretation. (more…) ...

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Court Slashes Fee Award Where Plaintiff Achieved Minor Victory

Published on January 8, 2014

Attorneys' fee awards are often a significant factor in employment litigation.  If an employee-plaintiff prevails after trial, she is entitled to recover her attorneys' fees and court costs as part of the judgment against the employer.  The U.S. Court of Appeals for the Fourth Circuit issued a decision in December in a Section 1983 case that has potential implications for employment cases where the plaintiff does not substantially prevail at trial. (more…) ...

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Texas Court Upholds Retaliation Verdict Three Years After Protected Activity

Published on December 6, 2013

The Texas Fourth Court of Appeals affirmed a jury verdict finding that an employee who was terminated due to a job elimination was unlawfully retaliated against in SAWS v. Nicolas, 04-2012-0442, (Oct. 23, 2013).  The interesting fact is that the protected activity relied upon by the Plaintiff occurred three years prior to her termination and was part of an investigation she conducted as a human resources employee.  More after the break. (more…) ...

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Fourth Circuit Rules Employment Agreement Ambiguous

Published on April 5, 2012

On March 22, 2012, the U.S. Court of Appeals for the Fourth Circuit found an employment contract calling for the company to pay a $100,000 annual benefit to a deceased employee’s surviving spouse to be ambiguous.  The court vacated the district court’s judgment in favor of the company and remanded the case.  More after the break. (more…) ...

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No Cause Of Action Against Prospective Employer For FLSA Retaliation

Published on August 24, 2011

On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) -- not a prospective employer.  More after the break. (more…) ...

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Kissing, Fondling, Propositioning, Questioning and Describing (Sex) Add Up To A Sexual Harassment Trial

Published on August 15, 2011

On August 8, 2011, the United States Court of Appeals for the Fourth Circuit reversed the District of Maryland’s grant of summary judgment for the City of Baltimore in a hostile work environment, quid pro quo sexual harassment, and retaliation case.  The opening paragraph of the case will tip off the astute reader as to the view of the panel on the facts.  More after the break. (more…) ...

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