March 16, 2023
The Fourth Circuit issued a decision yesterday, reinforcing a plaintiff’s burden in employment discrimination cases. In Balderson v. Lincare Inc., No. 21-1753 (4th Cir. Mar. 15, 2023), a three-judge panel reversed the trial court’s conclusion that Chandra Balderson’s termination from employment was the result of discriminatory animus based on her sex. The trial court reached this conclusion after…
April 8, 2022
In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:
January 1, 2019
On November 15, 2018, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s grant of summary judgment to an employer who had terminated an employee following her unauthorized review and disclosure of confidential personnel files. In Netter v. Barnes, the Fourth Circuit held that Title VII does not protect a terminated employee who violated a valid state law. You…
February 24, 2015
Employers who have defended employment discrimination and wrongful discharge suits in West Virginia courts know that the damages a plaintiff can obtain under state law are greater than those available in virtually any other jurisdiction. In fact, an employee who is fired from a West Virginia workplace can obtain more damages in court than an employee who is seriously injured in a West…
March 16, 2023
The Fourth Circuit issued a decision yesterday, reinforcing a plaintiff’s burden in employment discrimination cases. In Balderson v. Lincare Inc., No. 21-1753 (4th Cir. Mar. 15, 2023), a three-judge panel reversed the trial court’s conclusion that Chandra Balderson’s termination from employment was the result of discriminatory animus based on her sex. The trial court reached this conclusion after…
April 8, 2022
In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:
January 1, 2019
On November 15, 2018, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s grant of summary judgment to an employer who had terminated an employee following her unauthorized review and disclosure of confidential personnel files. In Netter v. Barnes, the Fourth Circuit held that Title VII does not protect a terminated employee who violated a valid state law. You…
February 24, 2015
Employers who have defended employment discrimination and wrongful discharge suits in West Virginia courts know that the damages a plaintiff can obtain under state law are greater than those available in virtually any other jurisdiction. In fact, an employee who is fired from a West Virginia workplace can obtain more damages in court than an employee who is seriously injured in a West…
