Labor & Employment News AlertDiscipline and dischargeFourth Circuit Underscores Burden of Proof for Intentional DiscriminationMarch 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… An Indiana District Court Addresses the Interplay between CBD Usage, Drug Testing, and the ADAApril 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:
Employees are not permitted to misappropriate confidential information in support of their discrimination claims.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… WEST VIRGINIA SENATE PASSES SIGNIFICANT LEGISLATION RELATED TO DAMAGES AVAILABLE IN EMPLOYMENT CLAIMSFebruary 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… |
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