A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.
Representation of Colonial Williamsburg Foundation in a gluten discrimination case that generated national media attention. A Norfolk federal court granted summary judgment on the grounds that CWF was not required to modify its “no outside food” policy when a patron wanted to consume his own food inside the establishment. The court found that CWF provides adequate alternatives, including gluten-free meals, for customers with special dietary needs.
Advising a manufacturing company in an I-9 investigation brought by the U.S. Attorney’s Office for the Eastern District of Virginia related to whether company personnel had been involved in knowingly hiring of employees not authorized to work in the United States who presented false identification, assisting employees in obtaining false identification and otherwise failing to comply with I-9 requirements.
Representation a major Fortune 500 company an in internal investigation related to I-9 Compliance. Conducted internal investigation regarding complaint of alleged fraudulent document ring. Conducted on-site interviews and analysis of I-9 files. Counseled client on use of verification methods in determining employees’ work authorization and on issues regarding Union involvement.
Provide ongoing advice and representation to international financial analytics provider, with several foreign subsidiaries, on hiring foreign workers in various non-immigrant statuses in a variety of categories, including H-1B, L (including blanket L), TN, E-3, and F-1; and obtaining green cards based on labor certifications and as multinational managers.
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Illinois Ban on Employers’ Inquiry or Consideration of Salary History Takes Effect
October 4, 2019
National Retailer Liable for Wage Statement Violations Under California Law
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$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers
June 25, 2019
2nd Circuit Suggests Precise Calculation of Damages Not Needed When Applying Contractual Damages Caps
June 24, 2019
New Virginia Law Requires Disclosure of Personnel Records
June 10, 2019