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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Category Archives: Virginia
Virginia Supreme Court Reverses Tortious Interference Verdict
The Virginia Supreme Court reversed a $900,000 verdict in favor of the plaintiff in a suit brought against a hospital alleging tortious interference with the plaintiff’s contract of employment with a physicians’ group. More after the break.
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4th Circuit Sends Back Hiring Case A Second Time — For Trial
In Gitter v Cardia & Thoracic Surgical Associates, LTD,; Rockingham Memorial Hospital, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment for Defendants/Appellees Thoracic, et. al. in relation to a fraud and breach of contract suit, finding … Continue reading
Virginia Supreme Court Affirms Dismissal Of Tortious Interference Claim
In Dunn, McCormack & MacPherson v. Connolly, the Supreme Court of Virginia affirmed the circuit court’s judgment sustaining the defendant’s demurrer and dismissing a tortious interference with contract action for failure to state a claim. The case reaffirms that a defendant must … Continue reading
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Employer Held Not Vicariously Liable For Employee’s Actions
On January 4, 2011, the 4th U.S. Circuit Court of Appeals upheld a defense verdict for Pizza Hut, finding that the restaurant was not liable for a traffic accident involving a delivery driver’s disabled vehicle left in a traffic lane … Continue reading
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Virginia Supreme Court Reverses Damages Award For Violation Of Nondisparagement Clause
The Virginia Supreme Court has reversed a jury verdict in favor of a individual against his former employer for violation of a nondisparagement clause in a separation agreement. Alan Nogiec, a former director of the Parks and Recreation Department of … Continue reading
Virginia Supreme Court Grants Writ In Noncompete Case
The Virginia Supreme Court has granted a writ of appeal in a noncompete case involving a pest control company. The order granting the appeal with the questions presented is here.
Lawsuit for Negligent Hiring Allowed to Proceed
A Charlottesville, Virginia counseling firm and its founder are alleged to have knowingly hired an employee that misrepresented his professional credentials and who later allegedly sexually assaulted a boy under his care. More after the break.
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Pro Se Plaintiff Survives Motion to Dismiss
The Eastern District of Virginia denied an employer’s motion to dismiss a former employee’s retaliation claims under Title VII, the ADEA, and section 1981 of the Civil Rights Act of 1886. The court granted the employer’s motion to strike the … Continue reading
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Eastern District Renders Split Decision On Employer’s Motion for Summary Judgment
In Herbert v. Harris Teeter, Inc., the plaintiff brought suit against the grocery chain alleging race discrimination and retaliation, unpaid wages, and wrongful discharge in violation of public policy. Herbert brought discrimination and retaliation claims against his former employer under 42 … Continue reading
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Racial Slurs In One Conversation Do Not Create Actionable Hostile Work Environment
The Western District of Virginia granted the defendant employer’s motion for summary judgment on a pro se race discrimination claim brought by a former employee. The plaintiff alleged that his former supervisor and Vice President of the company called him … Continue reading
Employer Not Liable For Telecommuter’s Accident While Traveling From Home To Office
The United States District Court for the Eastern District of Virginia recently found that a federal employee who worked from home was not acting within the scope of his employment when he was involved in an accident traveling from his … Continue reading
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Court Dismisses Negligent Hiring Claim
In a wrongful death action brought against a truck driver and his employer, Star Transport, Inc., the U.S. District Court for the Western District of Virginia granted the employer’s motion to dismiss the negligent hiring claim. A copy of the … Continue reading
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Circuit Court Reviews Wrongful Discharge Claim
In a case before the Warren County Circuit Court of Virginia, the plaintiff, Judith McClosky, alleged she was wrongfully discharged from her employment with the Department of Social Services and filed suit against the agency and a supervisor. The court’s … Continue reading
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Eastern District of Virginia — Still the “Rocket Docket”
The U.S. District Court for the Eastern District of Virginia can still lay claim to the title of the “Rocket Docket.” An updated report from the U.S. Courts shows the median time from filing to completion of trial in the … Continue reading
Eastern District Dismisses Suit by Former CEO of Head Start
The U.S. District Court of for the Eastern District of Virginia recently granted summary judgment on all counts on a wrongful termination/defamation suit brought by the former President and CEO of the National Head Start Association (the “NHSA”). A copy … Continue reading
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