Drew Capuder – Capuder Fantasia PLLC

1543 Fairmont Ave, Suite 207
Fairmont, WV 26554, United States

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West Virginia Legislature May Force Employers to Give Employees Access to Their Personnel Files

3/10/09: In the West Virginia Legislature, HB 3032, introduced on March 10, 2009, would give employees the right to review their personnel files. The legislation has not been passed, and in prior legislative sessions,…more
| Labor & Employment Law

US Supreme Court rules pay claims must be filed shortly after discriminatory decision; Ledbetter v Goodyear, 5/29/07

In Ledbetter v. Goodyear Tire & Rubber Company, 550 U.S. 618, 128 S. Ct. 2162 (2007) (FindLaw site opinion), the United States Supreme Court, in a 5-4 decision, issued an important decision in a sex discrimination case under…more
| Labor & Employment Law

Supreme Court "fills in the blank" to recognize retaliation claims for federal employees under ADEA; Gomez-Perez v. Potter

The US Supreme Court in Gomez-Perez v. Potter, 128 S. Ct. 1931 (2008) ruled that the Age Discrimination in Employment Act of 1967, 29 U.S.C. ยง 621 et seq., prohibited retaliation against federal employees who had complained…more
| Labor & Employment Law

Fourth Circuit Vacancies; President Obama Will Have 4 of 15 Judicial Positions to Fill

The US Fourth Circuit Court of Appeals hears appeals from federal district courts in West Virginia, Virginia, Maryland, North Carolina, and South Carolina. The Fourth Circuit has 15 judges when all of the judicial positions are…more
| Labor & Employment Law

Arbitration Agreements in Union Contracts are Enforceable; US Supreme Court in Penn Plaza v. Pyett

On April 1, 2009, the US Supreme Court ruled that arbitration agreements in union contract, where union members waive the right to file suit over age discrimination claims, and instead must submit those claims to binding…more
| Labor & Employment Law

Charleston, West Virginia Jury Awards $1.7 Million in Age Discrimination Case

In October 2009, a jury in Charleston, West Virginia awarded the plaintiff $1.7 million in an age discrimination case. The Employer, West Virginia American Water Company, terminated the plaintiff, James, Nagy, at age 53, after…more
| Labor & Employment Law

West Virginia jury awards $2.1m in age discrimination case

A jury in Jackson County, West Virginia awarded $2.1m for age discrimination in March 2010, in Rice v. Burke-Parsons-Bowlby Corporation. The jury awarded the 47 year old plaintiff future lost income through his projected…more
| Labor & Employment Law

Can you be sexually harassed behind your back?

It may seem obvious, but the Fourth Circuit ruled in Pueschel v. Peters, 577 F.3d 558 (4th Cir. 2009) that alleged sexually derogatory statements that took place while the plaintiff-employee was away from work on medical leave…more
| Civil Procedure, Labor & Employment Law

WV Supreme Court Enforces Employment Arbitration Agreement in Clites v. Clawges, 10-13-09

The Courts frequently struggle over the enforcement of employment arbitration agreements. The West Virginia Supreme Court in Clites v. Clawges, 224 W. Va. 299, 685 S.E.2d 693 (2009), decided that an arbitration agreement that…more
| Civil Procedure, Labor & Employment Law

FMLA now applies to leave for care of children by same sex couples

In the past, same-sex couples who needed time off to care for a child were excluded from FMLA coverage because the interpretation of the definition of "son or daughter" under the law did not encompass children of same-sex…more
| Labor & Employment Law

US Supreme Court Broadens Definition of "Opposition"; for Retaliation Claims; Crawford v Metropolitan Government of Nashville, 1-26-09

Retaliation under the employment discrimination laws is one of the most rapidly developing areas. Most of the recent major decisions have been in favor of the employees. The US Supreme Court in Crawford v. Metropolitan…more
| Labor & Employment Law

Was the boss "merely crude", or was he sexually harassing her?

When is sexual conduct bad enough to be sexual harassment? The Fourth Circuit dealt with this issue in EEOC v. Fairbrook Medical Clinic (4th Cir. 2010). A male supervisor doctor sexually harassed a female doctor, and the trial…more
| Labor & Employment Law

Good news and bad news on the employment at will rule, Article

This articles accompanies the PowerPoint presentation on the same topic, which I also uploaded to JD Supra. The article discusses the parameters of the employment at will rule, and the exceptions that legislatures and courts…more
| Labor & Employment Law

Good news and bad news on the employment at will rule, PowerPoint

What is the employment at will rule, what power does it give employers, and what are the exceptions to it? This documents is a PowerPoint presentation, which references a separate article which I handed out at the same CLE…more
| Labor & Employment Law

Sorry boss, I didn't know you were having sex in the office!!

This sexual harassment case involves a plaintiff stumbling into a room where the owner of the company is having sex with a co-worker. The owner shortly after that fired the plaintiff. Trial court dismissed the case on a rule…more
| Civil Procedure, Labor & Employment Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
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