Drew M. Capuder
Drew has been practicing for 26 years, focusing on employment litigation, employment consulting, commercial, litigation, and mediation. Drew has extensive trial and appellate experience in West Virginia and Texas, in state and federal courts.
Author Archives: Drew M. Capuder
Favorite quotes about the law, part 1
Maybe it’s the frustrated novelist in me, but I’ve been thinking about literature and law. This article is the start of a series where, once in a while and for no particular reason, I will focus on thought provoking and even … Continue reading
We’ve moved!! (but only our URL)
We’ve moved!! Kinda. Okay, it’s not a real move of anything physical. Our law firm, including the tables chairs, files, and whatever else, are all still in exactly the same place. It’s only a move to a new URL for … Continue reading
Fifth Circuit applies hostile work environment to age claims
Courts have sometimes questioned whether hostile work environment claims apply to all “flavors” of discrimination. Hostile work environment claims most frequently arise in claims of sex discrimination and race discrimination claims under Title VII of the Civil Rights Act of … Continue reading
9–11 remembered
“Eternal rest grant them, O Lord; and let perpetual light shine upon them.” Lux Aeterna
US Supreme Court Rules for Employee on “Cat’s Paw” Theory
The United States Supreme Court recently unanimously issued a major victory for employees under “USERRA”, the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., on the “cat’s paw” theory in employment discrimination claims. … Continue reading
Legislative Update: Pending bill would expand sick leave rights for West Virginia employees
House Bill 2770, which was recently introduced into the West Virginia House of Delegates, would create the “Flexible Leave Act” to allow employees to take already earned paid leave, and to use that leave for paid time off for an … Continue reading
Legislative Update: West Virginia legislature may give employers more time to cut final paycheck
Pending West Virginia legislation would, if passed, extend the time employers have to issue a terminated employee’s final paycheck, from the current 72 hours after discharge to the next regular pay day. On January 28, 2011, Senators Palumbo and Klempa introduced … Continue reading
Legislative Update: Insurance industry seeks amendment to West Virginia Human Rights Act
Insurance companies have been urging the West Virginia Legislature to pass legislation to overturn the West Virginia Supreme Court’s decision in Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (June 11, 2010). In Michael, the West Virginia Supreme Court held … Continue reading
Cleveland jury awards $900,000 against hospital in age discrimination case
Ellen Simon, an attorney in Cleveland who authors the excellent blog, Ellen Simon’s Employee Rights Post, recently tried an age discrimination claim for plaintiff Gloria Parks (a phlebotomist) against Cleveland’s University Hospitals Case Medical Center. Ms. Parks had worked for … Continue reading
Back from the USSR: FMLA Retaliation, 4th Circuit Decision in Dotson v Pfizer
Retaliation law is one of the most developing (and dangerous) areas of employment law. I recently spoke at the West Virginia Employment Lawyers Association’s annual conference on retaliation law, and I wanted to go back and discuss an important Fourth … Continue reading
