Broderick C. Dunn

FAQ About Civil Litigation Law in Virginia

September 19, 2023

What is the civil justice system? The civil justice system is the part of our court system that deals with claims that are not criminal. What is a plaintiff and defendant? A plaintiff is the party bringing a civil claim. A defendant is the party being sued. What does the civil process look like? It depends on the claims and the court in which those claims are brought. Typically, a plaintiff files a complaint and a defendant files a responsive pleading. The parties then engage in the discovery process and the claims will eventually get to a trial. How long do civil cases usually last? This depends on the complexity of the matter and the forum. In some states, civil cases go on for years as there is no right to a speedy trial like in the criminal context. What type of cases are processed in civil courts? Cases that are heard in civil courts include business disputes, personal injury claims, will contests, and employment disputes. What is tort law? A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person or entity who

Get Help from a Race Discrimination Lawyer

June 28, 2022

Unfortunately, race discrimination still occurs in American society. This can happen in the workplace and in nonprofessional settings. Race discrimination is one of the most frequent forms of intolerance in the United States. Here’s what you need to know about race discrimination. Civil Rights Act of 1964 The Civil Rights Act of 1964 is a landmark law that prohibits discrimination based on color, race, sex, religion, or national origin. Title VII of this law addresses equal employment opportunity. Specifically, it forbids discrimination based on race in hiring, promoting, and termination. Examples of discrimination according to this law include: Offering an employee lower compensation due to his/her race Excluding employees from labor unions due to their race Failure to offer benefits or promotions due to race Types of Race Discrimination There are four main types of race discrimination. We will analyze each below. Direct Discrimination. This occurs when you are treated less favorably than another individual in the same situation due to your race. Indirect Discrimination. This happens when a company introduces a practice or policy that has an unfair effect on a particular racial or ethnic group by putting its own members at a disadvantage. Harassment. Racial harassment is when

When Do You Need a Federal EEOC Attorney?

January 24, 2022

If you have suffered discrimination and retaliation in the workplace, a federal EEOC attorney is essential. You want to fight back and a federal EEOC attorney can help you. Here’s why you need an attorney to help you file an EEOC complaint. Experience with EEOC Case Law Matters Mistakes at the EEOC can harm your case in court. An experienced employment lawyer can tell you that countless workers regret not using legal counsel when completing the EEOC Charge process. Once the EEOC issues a “no reasonable cause” determination, the employee receives a Notice of Rights letter. This is when you need to find a federal EEOC attorney and file your lawsuit. Unfortunately, when an employee pursues a lawsuit without an attorney, there are often mistakes. For example, the employee’s filed charge may unintentionally omit essential information – even something as simple as not checking the “age” and “retaliation” boxes, even though these would have been the strongest claims. If critical facts are missing from the charge, the case suffers, and you could even miss the deadline for asserting these claims. This can damage your legal interest. Skip the Wait Often, when you call the EEOC, you are told you need

Do You Have an Employment Race-Discrimination Claim in Virginia?

November 22, 2021

There are many forms of employment discrimination and all of them are illegal. Among these is race discrimination. If you have been treated differently due to race, you should seek legal counsel from a race discrimination lawyer. Discrimination Complaints First, you must understand that filing a discrimination complaint must be based on solid evidence of discrimination based on age, gender, sex, disability, race, sexual orientation, gender identity, or religion. You can’t just say that you have suffered discrimination, you must prove that it occurred. While many unfair, insulting, and frustrating things occur in the workplace, most do not qualify as unlawful work discrimination. Keep in mind that unfair employment decisions may be based on false assumptions and still be legal. Similarly, wrongful decisions that stems from poor management may be harmful, but not unlawful. Therefore, you need to understand that the information you present as evidence for race discrimination must meet certain standards. Race Discrimination Claims in Virginia There are three different types of complaints that you can file, depending on the type of discrimination you have suffered. The first is discriminatory treatment. In this case, your supervisor or manager treated you unequally compared to others because of your race.

Antidiscrimination Laws Protect Heterosexual White Men Too

October 29, 2021

The fictional female president on Netflix’s hit drama, House of Cards, Claire Underwood, once hopefully declared: “The reign of the middle-aged white man is over.” David Duvall, former Senior Vice President of Marketing and Communications for Novant Health Inc, did not get President Underwood’s memo. On October 26, 2021, a federal jury in the Western District of North Carolina awarded Mr. Duvall $10,000,000 in damages following the trial against Novant. Termination without Cause | Duvall vs Novant Health, Inc. Novant hired Mr. Duvall in 2013. He worked out of Novant’s Charlotte office and was a “Tier II” executive in Novant’s “Executive and Leader” compensation plan. Under Mr. Duvall’s compensation plan, upon five years of employment, he was entitled to 18 months of base pay and benefits plus a lump sum of 1.5 times his prior fiscal year bonus if he was ever terminated without cause. Despite receiving excellent reviews every year, Novant abruptly terminated Mr. Duvall’s employment on July 30, 2018, just five days before his fifth anniversary with the Company. Reverse Discrimination in Hiring Decisions Following Mr. Duvall’s termination, Novant split his duties between two separate positions, hiring a white female as Chief Communications Officer and a black female