Employment Litigation
Employee Benefits
Employment Contracts

Federal Laws Protect Workers from Retaliation
The Supreme Court ruled in Gomez-Perez v. Potter that the same federal laws that protect workers from discrimination also protect workers from retaliation for filing complaints about racial or age discrimination. The Justices made it clear that federal employees have the same rights and protection as employees of private businesses, and that those federal workers may file suit in federal court.

Court Backs Older Employees in Age Discrimination Cases
The Supreme Court made it easier for terminated employees to pursue claims in age discrimination. In Meacham v. Knolls Atomic Power Laboratory, they ruled that companies must now show that there are other reasons beyond age that produce the termination of an older employee when the employee is disproportionately affected by the company’s decision to terminate employment. Justice Souter said that the law is clear that the burden is on employers to show dismissals are based on factors other than age.

VA Supreme Court Clarifies Recovery Under Worker’s Compensation Act
The VA Supreme court issued a critical ruling for employers and employees alike when in January it held in Hilton v. Martin, 2008 Va. LEXIS 18 that injuries occurring in the workplace must arise out of the conditions under which the employer requires the work to be done in order to limit the victim’s recovery to that provided by the Worker’s Compensation Act.
In Hilton, an ambulance service employee was engaging in horseplay with a charged defibrillator and shocked a fellow employee. The employee ultimately died of electrocution and cardiac arrest. The Court stated the regardless of the assailant’s motivation, the injury must arise from a causal connection between the injury and the employer’s workplace requirements. The assault must be directed to the victim as an employee and not personal to the employee to limit recovery to those provided for by worker’s compensation. This case established that employer’s can be held liable for injuries caused by employee behavior if there is no connection between the injury and the requirements of the position.

Supreme Court Ruling Allows Employees to Sue Over 401(k) Misconduct
The U.S. Supreme Court ruled unanimously in LaRue v. DeWolff and Boberg & Associates Inc. to allow employees to sue over the mismanagement of their 401(k) accounts. In his opinion, Justice John Paul Stevens said that courts should “interpret employee benefits law” as giving employees the right to sue over administrative issues with their specific accounts.
The decision protects the savings of those with 401(k) plans from mismanagement and fraud. Currently, over 50 million employees have invested nearly $3 trillion in 401(k) accounts.