Usually, police cannot order a motorist to pull over and stop unless he has a reasonable suspicion, based on fact he can articulate, that a crime or traffic offense is occurring in his presence. (Common exceptions are an arrest warrant or a police “checkpoint”). Many people commonly give up their 4th Amendment right to be free from unreasonable searches and seizures by violating the law in small ways. If an officer wants to randomly pull
A civilian DoD employee lost her age-discrimination case last month, even though she successfully proved that her second-line supervisor was biased against older workers. In Jernagin v. McHugh (No. 1:12-cv-1285), the U.S. District Court in Alexandria found that even though Lavina Jernagin established the existence of age bias on the part of her second-line supervisor, she failed to establish a causal nexus between that supervisor’s age bias and another supervisor’s decision to rate Jernagin a
Under the Rehabilitation Act (as with many other federal employment statutes), claimants must first exhaust their administrative remedies before proceeding with a civil action against their employer. In some instances, courts may excuse an employee’s failure to exhaust administrative remedies if he or she clearly made a “good faith effort” to cooperate. But in the case of Koch v. White, decided earlier this month by the U.S. Court of Appeals for the D.C. Circuit, the
Last week, the United States Supreme Court released its opinion in Lawson v. FMR, LLC, 571 U.S. ___ (2014), a decision that reaffirmed the breadth and force of the Sarbanes-Oxley Act’s whistleblower protection provision. As a result, millions of private businesses are now potentially subject to claims of whistleblower retaliation that had previously been reserved for a few thousand publicly-traded companies. The Sarbanes-Oxley Act of 2002 (“SOX” or the “Act”) was enacted by Congress after
When people are considering their options in divorce cases, one question that invariably arises is whether spousal support will need to be paid and, if so, how long will it last. This can be an acrimonious subject; after all, the idea of giving money every month to someone you may strongly dislike is very unappealing. In fact, some folks want absolutely nothing to do with their former spouse after a divorce. Nevertheless, as a practical