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Fed Ex Courier Fired for 57 Suspicious Stops; No FMLA Claim, Fourth Circuit Holds

The Fourth Circuit Court of Appeals recently upheld the termination of a FedEx employee, Kimberly Laing, for repeated falsification of delivery records. FedEx’s investigation into Laing’s conduct overlapped with a knee injury she suffered on a delivery. She took time off under the Family Medical Leave Act (FMLA), and upon her return, was placed on administrative leave and then terminated for discrepancies between her delivery records and the destinations of her packages. The district court’s…

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Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website

Who says that government contract law is not fun?  While it is not common for a federal judge to cite Lewis Carroll’s, Alice’s Adventures in Wonderland in a bid protest decision, it is not common for the United States to manipulate time and logic like the Mad Hatter. Usually, we use this blog to digest, in plain English, decisions from the Court of Federal Claims.  However, this is an opinion that should truly speak for itself .

Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website Read More »

Small Business Set-Asides are Themselves “Competitive.”

If the law requires competitive bidding for a government contract, and an agency designates a contract as one for small businesses only, does the removal of large businesses from the contracting pool itself render the solicitation non-competitive?  The Court of Federal Claims says “no.” A bid protest attorney from May Law herein digests, in plain English, the most recent decision from the Court of Federal Claims.  The case is Res-Care, Inc. v. United States, 107 Fed.

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Embellishing Employee’s ADA Claim Tossed by Virginia Federal Court

Four years after falsely claiming seventeen years of engineering experience rather than two when applying to AGFM, Patrick Cavaliere was terminated for procrastination, lack of productivity, technical incompetency and serious errors in his work. In response, he filed a pro se action alleging wrongful termination, failure to accommodate, and retaliation in violation of the Americans with Disabilities Act. Cavaliere received discipline for poor performance in certain engineering tasks assigned, and disclosed to his supervisor that

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Effort to Repeal Reckless Driving Law Fails

Well that didn’t take long!  Faster than a Porsche goes from 0 to 80 miles per hour in Northern Virginia traffic, a General Assembly subcommittee killed HB 1371, which would have eliminated criminal penalties for some speeding cases where the posted speed limit is high.  The subcommittee action occurred on the first day of the 2013 legislative session. In Virginia, one can be convicted of Reckless Driving by speed if one drives over 80 miles per

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