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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Author Archives: Eric Welter
Pre-Eligibility Request Under FMLA May Constitute Protected Activity
The U.S. Court of Appeals for the Eleventh Circuit has now held that the Family and Medical Leave Act (“FMLA”) protects an employee from retaliation or interference because of a pre-eligibility request for leave. More after the break.
Posted in FMLA
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Anticipated Discharge Is Not Good Cause For Voluntary Resignation
Can an employee in Virginia voluntarily resign their position out of fear of an impending discharge for poor performance and subsequently receive unemployment benefits? The Court of Appeals recently held that an anticipated discharge is not “good cause” to resign. … Continue reading
Posted in Virginia
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NY Business Fined For Not Giving Employees Enough Polo Shirts
According to Overlawyered.com, “New York’s notoriously stringent Department of Labor has fined a pizza shop owner $5,535 for not giving his employees enough polo shirts to wear — at least five for those who work five days a week, even … Continue reading
Posted in News
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Recent Jury Verdicts and Settlements
Our latest update on recent employment-related jury verdicts and settlements after the break.
Posted in Jury Verdicts
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Competitive Use Of Trade Secrets Not Necessary For Liability
On January 13, 2012, the Supreme Court of Virginia reviewed an appeal from the Circuit Court of Fairfax County regarding an employment agreement that included a non-disclosure provision. The Court held that the Virginia Trade Secrets Act does not require … Continue reading
Virginia Supreme Court Applies Workers Compensation Bar To Subsequent Lawsuit Against Uninsured Employer
Can an employee pursue a lawsuit against his employer for personal injuries if he has already filed a workers’ compensation claim when the employer was not insured? Interestingly, under Virginia law, the answer apparently depends on whether the workers’ compensation … Continue reading
Posted in Virginia
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EEOC Verdicts and Settlements — November 2011
Our update on EEOC verdicts and settlements from November 2011 after the break.
Posted in Jury Verdicts
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Illinois Employee Fired For Working During Lunch Break Generates Press
A receptionist in Chicago, Illinois was terminated by her employer for clocking out for her lunch break and continuing to work and was eventually awarded unemployment benefits. The case has generated a significant amount of press and television coverage, but … Continue reading
Posted in FLSA/Overtime
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Recent Jury Verdicts and Settlements
Our latest update on recent employment-related jury verdicts and settlements after the break.
Posted in Jury Verdicts
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New Law Protecting Unemployed From Discrimination Will Cost DC
With the economy in turmoil, DC (among other jurisdictions) is considering adding the “unemployed” to the list of protected classes under its human rights act. Contrary to popular belief, doing so is not free. More after the break.
Posted in D.C.
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Supreme Court Refuses To Hear Tip Credit Case
Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage … Continue reading
Posted in FLSA/Overtime
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DOL Fact Sheets On FMLA And FLSA Retaliation
The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision. (Hat tip to The Employer Handbook.)
Posted in Retaliation
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Discrimination Claims At EEOC Hit Record Level
The EEOC received 99,947 charges of discrimination in 2011 and has increased its focus on cases of alleged “systemic discrimination.” More after the break.
Posted in Discrimination
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U.S. Supreme Court Upholds Ministerial Exception
On January 11, 2012, in a 9-0 opinion, the U.S. Supreme Court held that the ministerial exception bars an employment discrimination suit brought on behalf of a minister challenging her church’s decision to fire her. More on the case after … Continue reading
Posted in Discrimination
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EEOC Believes That Diploma Requirements May Violate The ADA
Dorothy, we’re not in Kansas anymore. The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities. Overlawyered has … Continue reading
