Justia Labor & Employment Law Opinion Summaries

Articles Posted in Supreme Court of Virginia
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In this action in which Plaintiff alleged intentional infliction of emotional distress and defamation against the Commonwealth's attorney, the Supreme Court affirmed the circuit court's ruling that the conduct alleged was insufficient to state a claim for intentional infliction of emotional distress but reversed the circuit court's ruling that Defendant was absolutely immune from Plaintiff's defamation claim.After she was fired, Plaintiff, a former administrative assistant in the Commonwealth's attorney's office, filed this complaint against Chadwick Seth Baker, the Commonwealth's attorney for Dickenson County, alleging intentional infliction of emotional distress and defamation. Baker filed a demurrer and motion to dismiss. The circuit court sustained Baker's demurrer, ruling that termination of at-will employment did not give rise to a claim for intentional infliction of emotional distress and that Baker enjoyed absolute immunity regarding the defamation claim. The Supreme Court reversed in part, holding (1) absolute immunity does not apply to a Commonwealth's attorney's allegedly defamatory statements about why he made the decision to fire an employee; and (2) Plaintiff did not adequately plead a claim for intentional infliction of emotional distress. View "Viers v. Baker" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the workers' compensation commission's award based on Va. Code 65.2-503 for Michael Richardson's loss of use before hip replacement surgery, holding that the court of appeals did not err in holding that, pursuant to the statute, loss of use is calculated before any surgery that improves functionality by use of a prosthetic device.Richardson sustained a work-related hip injury that would have deprived him of seventy-four percent of the normal use of his left leg if it remained untreated. Richardson's employer, however, paid for a total hip replacement that left Richardson with an eleven percent permanent loss of the use of his leg. Richardson filed a claim for workers' compensation benefits based on a seventy-four percent loss of use of his left leg. The Commission awarded Richardson permanent partial disability benefits reflecting a seventy-four percent loss-of-use rating. The court of appeals affirmed, concluding that loss of use under section 65.2-503 is calculated before any surgery that improves functionality by use of a prosthetic device. The Supreme Court affirmed, holding that the court of appeals' interpretation of the statute was reasonable. View "Loudoun County v. Richardson" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the determination of the Workers' Compensation Commission that Carnell Carrington was not entitled to temporary benefits for a total disability caused by kidney failure unrelated to his employment, holding that the court of appeals did not err.At the time he began working for his employer in 1992, Carrington had a preexisting kidney job. In 2006, Carrignton received a kidney transplant but returned to work without restrictions. In 2014, Carrington's kidney condition deteriorated severely, rendering him totally disabled from performing any work. The Commission concluded that Carrington was not entitled to continuing temporary total-disability benefits because neither his preexisting kidney disease nor his kidney failure had any connection to his employment. The court of appeals affirmed. The Supreme Court affirmed, holding that the two-causes rule articulated in Bergmann v. L & W Drywall, 222 Va. 30 (1981), did not apply to the facts of this case. View "Carrington v. Aquatic Co." on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the decision of the Virginia Workers’ Compensation Commission not to award Appellant benefits after he was injured while renovating a historic school building, holding that Appellant did not meet his burden of proving his statutory-employer claim for workers’ compensation benefits.Appellant sought benefits against a church and its historical society, alleging that these entities were his statutory employers. The Commission denied benefits, holding that none of the defendants were Appellant’s direct employer and that the church and the historical society were not Appellant’s statutory employers. The court of appeals affirmed. The Supreme Court affirmed, holding that the Commission applied the correct legal standard and acted within its fact-finding discretion in concluding that Appellant had failed to prove that the church or the historical society were his statutory employers. View "Jeffreys v. Uninsured Employer's Fund" on Justia Law

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The circuit court did not err when it ruled that Plaintiff, a retired firefighter, was not a disabled person entitled to receive health insurance benefits under the Virginia Line of Duty Death and Disability Act, Va. Code 9.1-400 et seq.Plaintiff was diagnosed with throat cancer after he retired from the fire department but did not experience any health problems while he worked as a firefighter. The circuit court concluded (1) under the plain reading of the Act, Plaintiff’s duties as a firefighter ceased as of his retirement; and (2) because Plaintiff became disabled after he retired, his claim for insurance coverage under the Act was not viable. The Supreme Court affirmed, holding that Plaintiff was not a “disabled person” under the Act because his incapacity did not prevent the “further performance” of his duties as a firefighter. Therefore, Plaintiff was not entitled to continued health insurance coverage under the Act. View "Jones v. Von Moll" on Justia Law

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The circuit court did not err when it ruled that Plaintiff, a retired firefighter, was not a disabled person entitled to receive health insurance benefits under the Virginia Line of Duty Death and Disability Act, Va. Code 9.1-400 et seq.Plaintiff was diagnosed with throat cancer after he retired from the fire department but did not experience any health problems while he worked as a firefighter. The circuit court concluded (1) under the plain reading of the Act, Plaintiff’s duties as a firefighter ceased as of his retirement; and (2) because Plaintiff became disabled after he retired, his claim for insurance coverage under the Act was not viable. The Supreme Court affirmed, holding that Plaintiff was not a “disabled person” under the Act because his incapacity did not prevent the “further performance” of his duties as a firefighter. Therefore, Plaintiff was not entitled to continued health insurance coverage under the Act. View "Jones v. Von Moll" on Justia Law

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In this appeal from a state employee grievance proceeding, a hearing officer’s decision upholding the termination of Nathan Osborn, a special agent with the Virginia Department of Alcoholic Beverage Control (ABC), was not contrary to law.ABC terminated Osburn’s employment after receiving a complaint that Osburn rummaged, without permission, through the business records of a business owner who had applied for a retail alcohol license. A hearing officer upheld Osburn’s termination, concluding that the warrantless search was not permissible, resulting in a violation of the applicant’s constitutional rights. The circuit court upheld the hearing officer’s determination. The court of appeals affirmed the circuit court’s determination that Osborn violated the Fourth Amendment. The Supreme Court affirmed, holding that Osburn’s warrantless inspection of the office of the applicant’s business was not permissible under the highly regulated industry exception to the warrant requirement and that the business owner did not consent to Osburn’s warrantless search of the office. View "Osburn v. Department of Alcoholic Beverage Control" on Justia Law

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The Supreme Court reversed the judgment of the circuit court ruling that the City of Danville and its Employees’ Retirement System were required by the provisions of Va. Code 51.1-813 to award a disability retirement benefit to Jacqueline Garrett, a former police officer, at a rate of no less than 66 2/3 percent of her average salary. The Supreme Court held that section 51.1-813, which was in Article 2 of Chapter 8 of Title 51.1 of the Code of Virginia, did not apply to the City because the City had neither taken steps to adopt Article 2, nor was the City included in the legislative direction mandating compliance with Article 2. Therefore, the circuit court erred in ordering the City and its retirement system to make payment to Garrett in compliance with section 51.1-813. View "City of Danville v. Garrett" on Justia Law

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After his employment as the Town of Warrenton’s Building Official ended, Plaintiff filed an amended complaint against the Town requesting a writ of mandamus to reappoint him as “the executive official in charge of the Warrenton building division” as a remedy for the Town’s alleged violation of a local regulation. The Town filed a demurrer, contending that Plaintiff did not allege facts demonstrating that he was ever permanently appointed as the Town’s Building Official. The circuit court sustained the demurrer, concluding that the alleged facts did not demonstrate that the Town had made a “permanent appointment” of Plaintiff as Building Official. The Supreme Court reversed, holding that Plaintiff alleged sufficient facts to survive a demurrer and to permit the reasonable inference that he was permanently appointed as the Building Official for the Town. Remanded. View "Hale v. Town of Warrenton" on Justia Law

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Appellant filed suit against Appellee, her former employer, alleging wrongful discharge in violation of public policy under Bowman v. State Bank of Keysville. The trial court sustained Appellee’s demurrer, which alleged that there were no sufficient allegations of a true public policy violation. Appellant then filed an amended complaint asserting a claim for wrongful termination under Bowman based on allegations that Appellee wrongfully discharged her in violation of the public policy embodied in Va. Code 19.2-152.7:1 through 19.2-152.10. The trial court sustained Appellee’s amended demurrer with prejudice. The Supreme Court affirmed, holding that because the amended complaint filed by Appellant failed to state a claim for wrongful termination under Bowman, the circuit court did not err in dismissing it with prejudice. View "Francis v. National Accrediting Commission of Career Arts & Sciences, Inc." on Justia Law