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PICHARDO v. VIRGIN ISLANDS COM'R OF LABOR

No. 08-4259.

613 F.3d 87 (2010)

Elizabeth PICHARDO, Petitioner v. VIRGIN ISLANDS COMMISSIONER OF LABOR; Cool It, Inc. d/b/a Agave Terrace Restaurant, Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed July 8, 2010.

Attorney(s) appearing for the Case

Joel H. Holt, Esq. (Argued), Christiansted, St. Croix, United States Virgin Islands, for Petitioner Elizabeth Pichardo.

Vincent F. Frazer, Esq., Elliott M. Davis, Esq., Richard S. Davis, Esq. (Argued), Department of Justice, St. Thomas, United States Virgin Islands, for Respondent Government of the Virgin Islands.

BEFORE: Chief Judge FUENTES, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Elizabeth Pichardo was terminated from her employment at Agave Terrace Restaurant in St. Thomas after violating a series of workplace rules and committing an act of insubordination. She filed a complaint with the Virgin Islands Department of Labor ("DOL") under the territory's Wrongful Discharge Act. The DOL found that Pichardo was fired for cause and denied her claim. The Superior Court of the Virgin Islands...

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