Unlawful termination for refusing to disclose COVID-19 “vaccine” status in Virginia

Posted Posted in General

Can a Virginia employer lawfully terminate me for refusing to disclose whether I have been “vaccinated” for COVID-19? Answer: No, they may be liable under a Bowman claim for wrongful termination as a narrow exception to employment-at-will. LIMITATION OF THIS BLOG ARTICLE:  This article is not addressing whether an employer terminates a person for not […]

Is a Virginia employer at risk when hiring or retaining a person registered as a sex offender?

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Yes – there are real risks There can be 3 separate legal basis for liability should the employee harm another.  respondeat superior – a doctrine of vicarious liability for an employee’s tortious acts committed within the scope of employment; negligent hiring – a doctrine of primary liability where the  employer is principally liable for negligently […]

Striving for American Ideals

Posted Posted in Civil Rights, Commentary, Fourth Amendment, Freedom of Speech and Press, General

Commentary – Striving for American Ideals Early in our nation’s history the concept of equality and freedom in religion and thought was the cornerstone of something new in the world. On March 4, 1681, King Charles II of England granted William Penn forty-five thousand acres to pay a 6,000 pound debt owed to Penn’s father, […]

Spoliation – destroying evidence – in the Fourth Circuit

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Spoliation “Spoliation refers to the destruction or material alteration of evidence or to the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Silvestri v. General Motors Corp., 271 F.3d 583, 590 (4th Cir. 2001) (citing West v. Goodyear Tire & Rubber Co., 167 F.3d 776, 779 (2d Cir. 1999)). Motion for […]

First Amendment in the WorkPlace

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(Public Employee — Generally not applicable to Private Companies) A public employee must establish four elements to state a claim for deprivation of First Amendment rights flowing from an adverse employment action.  “First, to trigger First Amendment protection, the speech at issue must relate to matters of public interest.” Hanton v. Gilbert, 36 F.3d 4, 6 (4th Cir.1994) (citing Connick […]

1st Amendment Retaliation Claims in the 4th Circuit

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Your right to speak freely – to criticize the government and government officials! The First Amendment guarantees an individual the right to speak freely, including the right to criticize the government and government officials. To protect that right, public officials are prohibited from retaliating against individuals who criticize them. Fear of retaliation may chill an […]

Lt. Nazario v Town of Windsor Police Officers – Official Update

Posted Posted in Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law

Because this important civil rights case highlights the need for national attention and reform – this page will serve the public’s right to know TO HELP LT. NAZARIO CLICK HERE! The Court Action – Notes and Public Documents & Opinions Virginia Attorney General Files Suit Against Town of Windsor for discriminatory traffic stops and traffic […]