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In a case highlighting the challenges to plaintiffs in showing individual discrimination in a reduction in force (RIF), a large company providing consulting services to the transportation industry prevailed over the age discrimination claims of a 57-year-old female employee that it terminated as part of a restructuring.  The employee, who worked as a high-level management consultant concerning trade to North Africa and the Middle East, claimed that the company discriminated against her in the reduction…

Employers may ask what recourse they have when an employee violates a non-compete or steals confidential client information and passes it to another company.  As a recent Alexandria Federal Court decision demonstrates, employers have substantial and effective remedies.   Alliance Storage Technologies, Inc. v. Engstrom. Civil Action No. 4:11-cv-46 (E.D.V.A., May 3, 2012). In that case, Alliance Storage Technologies (Alliance) employed Bryan Engstrom as Worldwide Director of Sales for IT support and data storage for optical hardware. He

In a recent decision, the Federal Court of Appeals for the Fourth Circuit upheld a contract forcing a gas station owner to buy his gas from a certain oil company, despite the similarity of the agreement to an oft-unenforceable employment non-compete.  In so holding, the Fourth Circuit distinguished between business owner restrictive purchase agreements and employee restrictive covenants, finding the former easier to enforce than the latter.   The case is BP Products N.A., Inc. v.

In January 2009, Sandra Perry, an employee of the Wicomico County Health Department, was denied a promotion for which she was told she did not meet the minimum qualifications. Three months later the Department laid her off from her position as an Agency Procurement Associate, but also assisted her in securing another position within the Maryland Department of Health and Mental Hygiene.  However, the day after starting the new job, Ms. Perry filed a grievance

Several years of performance reviews touting an employee’s contributions and scope of responsibilities ultimately proved critical to the employer in defending against an employee’s Fair Labor Standards Act claim.  In Altemus v. Federal Realty Investment Trust, an executive assistant sued her former employer under the Fair Labor Standards Act for unpaid overtime.  Although the employer had categorized her as exempt from overtime under the FLSA, the plaintiff claimed that she was not exempt, that her administrative