Blackwell N. Shelley, Jr.

Discrimination and Retaliation

Laventure, et al. v. Sterling Jewelers, Inc., Case No. 3:23-cv-00849 (E.D.Va. 2023)

Plaintiff employees sued employer alleging race discrimination and retaliation. The matter was settled to the satisfaction of all parties.

Biggs v. WAWA, Inc., Case No. 3:23-cv-00376 (E.D.Va. 2023)

Pro bono suit brought on behalf of the estate of a deceased employee, alleging that her employer had discriminated against her because of her pregnancy. The matter was settled to the satisfaction of all parties.

Mergenthaler v. McNeil Sales & Service, Inc., Case No. 3:20-cv-00811 (E.D.Va. 2020)

Employee sued employer alleging that he had been fired in violation of Virginia law, because he had notified the employer of violations of federal and state occupational safety regulations. The matter was settled to the satisfaction of the employee.

Car Pool LLC v. Hoke, 2012 U.S. Dist. LEXIS 146798 (E.D. Va. Oct. 11, 2012)

Employee had filed an EEOC charge alleging hostile work environment and settled the matter with the employer. Employer subsequently sued employee in state court for breaching the settlement agreement. Employee removed the matter to federal court and reasserted her original hostile work environment claim as a counterclaim and also sued employer for retaliation and breach of the settlement agreement. The matter was settled favorably to the employee.

Bell v. Stone Central, Inc., Case No. 3:15-cv-500 (E.D.Va. 2015)

Employee sued employer for race discrimination and hostile work environment under 42 U.S.C. § 1981 alleging multiple instances of racist epithets and physical threats based on his race. Employer filed a motion to dismiss, which the Court denied. The matter was then settled to the satisfaction of the employee.

Battle v. Kane 3PL, LLC, 3:14-cv-00557 (E.D.Va. 2014)

Employee truck driver initially complained to EEOC that his employer was assigning better routes to white employees. Following this complaint, the employer allegedly retaliated against the employee by fabricating a claim that employee had stolen time from the company and terminated employee. The dispute was settled to the satisfaction of the employee.

Mobley v. Elephant Insurance Co., Case No. 3:10-cv-099 (E.D.Va. 2010)

Employee sued employer alleging that employer had retaliated against employee because of employee’s complaints of incidents of race discrimination and racial intimidation at work. The matter was settled to the satisfaction of the employee.

Anna v. Assa Abloy Entrance Systems US Inc., Case No. 3:19-cv-00850 (E.D. Va. 2019)

An employee sued their employer alleging breach of an employment agreement, particularly regarding entitlement to and payment of severance benefits. The matter was settled to the full satisfaction of the employee.

Tuppince v. Stratford University, Inc., Case No. 3:18-cv-00809 (E.D. Va. 2018)

An employee alleged sex discrimination in violation of Title VII and Title IX of the Education Amendments of 1972. The matter settled favorably for the employee.

Thompson v. Stratford University, Inc., 3:16-cv-589 (E.D.Va. 2016)

Employee was the Registrar of employer’s Richmond campus. Employee alleged that employer had discriminated and retaliated against her in violation of the ADA and FMLA and, also, that employer had failed to pay overtime in violation of the FLSA. The matter settled to the satisfaction of the employee.

Wage and Hour Violations

Cook et al v. Advon Corporation, Case No. 3:24-cv-00656 (E.D.Va. 2024)

Plaintiffs, former employees of defendant, brought suit alleging that defendant failed to pay wages in violation of Virginia Wage Payment Act. The matter was settled to the satisfaction of all parties.

Tate, et al v. EventMakers-USA, Inc., et al., Case No. 3:22-cv-00045 (E.D.Va. 2022)

Several employees sued employer alleging failure to pay overtime and violations of Virginia Wage Payment Act, among other things. Matter settled to the satisfaction of all parties.

Jumpstart Consultants, Inc., v. Robinson / Robinson v. Jumpstart Consultants, Inc., Case No. CL17-2654 (Chesterfield County 2017) & Case No. 3:18-cv-00487 (E.D.Va. 2018)

Former employer sued former employee, a machine operator, on a restrictive covenant in employment agreement. Employee countersued, on behalf of himself and similarly situated employees, for employers alleged failure to pay overtime. The collective action was moved to federal court. The matter was settled to the satisfaction of the employee and the members of the collective action.

Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA)

Corbett v. Richmond Metro. Transp. Auth., 203 F. Supp. 3d 699 (E.D. Va. 2016)

In a case arising under the ADA and FMLA, the Court found that public officers may be held individually liable for FMLA violations.

Thompson v. Stratford University, Inc., 3:16-cv-589 (E.D.Va. 2016)

The Registrar of the university’s Richmond campus alleged discrimination and retaliation under the ADA and FMLA, as well as failure to pay overtime under the FLSA. The case settled to the satisfaction of the employee.

Restrictive Covenants and Breach of Contract

Savage v. Paymerang, LLC, et al., Richmond Circuit Court Case No. CL23-636 (2023)

Former employee brought suit seeking declaratory judgment regarding the enforceability of restrictive covenants in an agreement, as well as seeking damages under the Virginia Wage Payment Act. Former employer made a counterclaim alleging breach of contract and breach of fiduciary duty. The matter was settled to the satisfaction of all parties.

Richmond Auto Auction of Virginia, Inc. v. Hopson Acres Family Management, LLC et al., Case No. 3:23-cv-00176 (E.D. Va. 2023)

Plaintiff sued defendants for breaches of non-compete and non-solicitation covenants, and misappropriation of trade secrets and confidential information. Matter settled to the satisfaction of all parties.

Tyson v. BB&T Corp., 2017 U.S. Dist. LEXIS 25018 (E.D. Va. Feb. 21, 2017)

Employer bank repudiated stock award agreements and forfeited employee’s stock awards when employee sought employment with another bank. Employee sued for breach of contract and to have non-compete agreement held unenforceable. Court denied employer’s motion to dismiss and the dispute was thereafter settled.

Paradigm Partners International, L.L.C. v. Clear Trail Real Estate Management, L.L.C., Case No. 3:17-cv-517 (E.D. Va. 2017)

Plaintiff sued defendant alleging breach of a contract for fees for services rendered in procuring $100 million financing for project. Matter settled to plaintiff’s satisfaction.

Knowles v. New Age Digital, Inc., et al., Case No. CL07-2958 (Chesterfield County June 24, 2008) (unpublished)

On plaintiff’s motion for partial summary judgment, the Court found that a non-competition agreement was overbroad and unenforceable because it prevented the employee, a former officer and shareholder of the employer, from working in any capacity for a competitor. The Court also ruled that the accompanying non-solicitation agreement was unenforceable because it prevented the employee from soliciting any person or entity that the employer had ever contacted.

Pace v. Ret. Plan Admin. Serv., 2007 Va. Cir. LEXIS 203 (Richmond City Sept. 28, 2007)

On the plaintiff’s motion for summary judgment, the Court ruled that the covenants restricting competition in the plaintiff’s employment agreement were facially overbroad, rendering the agreement unenforceable.

Other Notable Employment Matters

Brockdorff v. Wells Mgmt. Grp., LLC, 2015 U.S. Dist. LEXIS 77197 (E.D. Va. June 15, 2015)

Plaintiff employee alleged retaliatory termination in violation of the Virginia Fraud Against Taxpayers Act. Court overruled employer’s motion to dismiss and the case settled to the satisfaction of employee.

Fagan v. Sabra Dipping Co., LLC, Case No. 3:12-cv-00147 (E.D.Va. 2012)

Employee, a member of the U.S. Navy Reserve, alleged that she was demoted after her return from military leave and sued her employer for violations of USERRA. The matter was settled to the employee’s satisfaction.

Michaud v EVB, Case No. 3:10-cv-00778 (E.D.Va. 2011)

Employee brought suit against employer bank alleging that bank terminated her in violation of 11 U.S.C. § 525(b) because she filed for bankruptcy. The matter was settled to the employee’s satisfaction.

Altimari v. Bev. Mktg. USA, Inc., 2008 U.S. Dist. LEXIS 109984 (E.D. Va. Nov. 21, 2008)

The Court found that the employer’s termination of a manager who demanded payment of his earned bonus offended Virginia public policy and gave the manager a valid claim for wrongful termination against his former employer.

Bowers, et al. v. Wilder, et al., Case No. CL07-4658 (Richmond City July 23, 2009) (unpublished)

On the defendant’s demurrer and plea in bar, Court found that the actions of the defendant, the former Mayor of the City of Richmond, were absolutely immune from suit and the case was dismissed as to him.