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4th Circuit Reverses Trial Court, Finds Worker’s Wrongful Discharge and Retaliation Claims Should Have Proceeded

In a recent unpublished opinion, the Fourth Circuit decided that a significant portion of an employee’s lawsuit should have proceeded when she was terminated just six days after she complained about age discrimination at work.  The case is Buchhagen v. ICF International, Inc., et al., and the U.S. Court of Appeals for the Fourth Circuit overturned a District Court’s decision to dismiss the worker’s claims for wrongful discharge and retaliation under the Age Discrimination in…

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Do EAP counselors owe a duty of loyalty to employees seeking their help?

Surprisingly no, as shown by a recent federal court decision in Virginia rejecting such a claim by an Employee Assistance Program (EAP) counselor who helped an employee stop alleged harassment.  See DeMasters v. Carilion Clinic, Civil Action No. 7:12-cv-580 (W.D. Va. Sep. 17, 2013).  As this decision shows, the law does not require employee relations personnel to warn employees that their loyalties lie with the employer, and can lead to complicated interactions involving these professionals,

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Does one arrested for DUI in Virginia have to do the breath test? Ask the Arlington-Fairfax Criminal Lawyer.

If arrested for DUI, in most instances, one must do a breath test.  In Virginia there are usually two breath tests:  the preliminary breath test that is usually administered roadside prior to one being arrested, and the evidential breath test administered after an arrest at the police station.  The preliminary breath test is optional; the post-arrest breath test is mandatory in most circumstances.  (The penalty for refusing the second test is a separate charge called

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In a Virginia Grand Larceny case, is the value of the item stolen the “replacement value” or the “actual value”? Ask the Arlington-Fairfax Criminal Law Attorney.

Briefly stated, the measure of value of a stolen item is the actual value for Virginia Grand Larceny purposes.  However, there are some circumstances where the replacement value can be used. “Larceny” is stealing, theft, or shoplifting.  To convict, the prosecutor must prove (1) that the defendant took personal property belonging to another and carried it away; (2) that the taking was against the will and without the consent of the owner; and (3) that

In a Virginia Grand Larceny case, is the value of the item stolen the “replacement value” or the “actual value”? Ask the Arlington-Fairfax Criminal Law Attorney. Read More »

Arbitration Required Even After Chosen Arbitrator Becomes Unavailable

The Virginia Supreme Court recently enforced an arbitration agreement even though it required arbitration through a company that could not conduct the proceedings.  The Court overturned the ruling of the trial court, which found that the unavailability of the selected arbitrator invalidated the agreement.  The decision confirms Virginia’s continuing preference for arbitration and broad enforcement of arbitration agreements.  See Schuiling v. Harris, 286 Va. 187 (Sep. 12, 2013). The case involved the owner of Brown

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