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Virginia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Virginia on
Q: I live in Virginia, and my work doesn’t provide me with a break when I work 4,6 or 8 hour shifts. Is this legal?

I am a part time worker.

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

Unfortunately, there are no federal laws that require employers to offer break time based on the length of shift you work.

1 Answer | Asked in Contracts and Employment Law for Virginia on
Q: If my employer had me sign an NDA/NON-COMPETE after a law was passed that it is unlawful to require signatures ..

from low wage employees and at the time of signature, I was low-wage, but upon termination a year later i wasn't, can it be enforced? and, if the Non Compete states the following... is that a 5yr employment contract?

7. Term. The time period during which information shall be exchanged... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You are seeking specific legal advice on a forum that offers general legal opinions and explanations about the legal process. More information will be needed for an opinion. This is an employment law/contracts question, as you know. You need to consult an attorney in your local area that practices... View More

1 Answer | Asked in Employment Law for Virginia on
Q: Why would an employment attorney ask to connect on LinkedIn when I have no connection with them?
John Michael Frick
John Michael Frick
answered on Mar 21, 2023

He may think you have knowledge of a particular case he is working on, or he may be mistaking you Fort someone else.

I occasionally am successful locating witnesses on LinkedIn because it is typical to list your employment history.

1 Answer | Asked in Employment Law for Virginia on
Q: Can a company whose contract says that I have both a 30-day and a 90-day commitment enforce the 90-day commitment?

I signed a contract with a company saying that I agreed to a term of 30 days with them, however, they said this was a misprint. Right below it says that I must provide written notice before terminating my 90-day commitment period. I have initialed both but am wondering, is the 90-day enforceable if... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

More information is needed to answer this question, and a review of the agreement you signed will likely be necessary. You should contact a Virginia contract or employment attorney to discuss the specific language in the agreement you signed and how these two terms work together.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Virginia on
Q: I just had heart surgery and my employer of 15 years seems to be trying to find a way to fire me. Should I lawyer up?

My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: we need an immigration lawyer that expedite my mom and sister case from Afghanistan

we have submitted the case to USCIS and form I-130 has been submitted, questions were asked and all related document asked submitted. they have travelled to third country as well, we want a lawyer who can expedite the case so that they can inter US ASAP.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

Such cases cannot ever be expedited even with assistance of a licensed attorney as each case is accepted and placed on a waiting track as they are processed.

1 Answer | Asked in Employment Law for Virginia on
Q: Are employers able to suspend employees who curse on there day off while in work place

We have an employee who came into shop on their day off and got told his rent went up so said a few curse words and district manager heard them and suspended the employee for 3 days without pay. Just wondering if employer is able to suspend an employee on their day off for cursing

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

If this is a private (not government) employer, without a written contract covering this matter, they can do anything that does not violate the public policy of Virginia as articulated in the laws or constitution of Virginia. YES

The response above is a general statement of law and is NOT...
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1 Answer | Asked in Employment Law for Virginia on
Q: Is notice or explanation required for an employer to withhold money from your paycheck?
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Here's the law in VA:

C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. On each regular pay date, each employer, other...
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1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... View More

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... View More

1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... View More

2 Answers | Asked in Employment Law for Virginia on
Q: can you sue a company for not giving you your cost of living raise
Rhiannon Herbert
Rhiannon Herbert
answered on Apr 26, 2022

Yes. Wage laws are generally only triggered if an individual's pay falls below the applicable minimum wage, or if they are not properly paid overtime for their hours worked over 40 in a workweek.

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1 Answer | Asked in Employment Law for Virginia on
Q: I accepted a job offer and resigned but now I received another that I like more. I need both background checks to clear

I know they will but I am nervous during the employee verification my current employer will say something to both companies, is that allowed or could i sue them if they did that

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 16, 2022

There aren't many laws or rules surrounding what former employers can disclose to prospective employers during the application process. The one exception to this rule is if you can prove your former employer said something to the prospective employer that is both false and unfavorable about... View More

1 Answer | Asked in Employment Law for Virginia on
Q: Can a company forced me to drive an 11 passenger van if I feel uncomfortable and unsafe doing so. I’m 4’11

I tried to drive it alone and it had a lot of blind spots and the seat doesn’t go up high so it was hard to see. I explained to my manager and director it’s unsafe for me to transport my residents if I’m not comfortable driving it but I got wrote up and turned into HR and was told my job is... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2021

Your employer is permitted to terminate your employment for any reason or for no reason at all, as long as the reason is not discriminatory (i.e. based on race, sex, religion, age, or disability). If you are uncomfortable driving the van due to your height, you may want to discuss whether the van... View More

1 Answer | Asked in Employment Law and Civil Litigation for Virginia on
Q: Can my boss make me pay for damages to a company vehicle, that were caused at work?

I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 20, 2021

This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.

1 Answer | Asked in Employment Law and Personal Injury for Virginia on
Q: Can I sue a supervisor for making inaccurate statements about me that resulted in my firing?

Or can I sue the company for not training them and/or believing their inaccurate statements?

Long story short, I didn't do anything wrong in terms of company policy but developed a reputation for being in violation due to this issue.

I had a technology issue that made me appear... View More

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2021

A Virginia attorney could advise best, but your post remains open for three weeks. One option you have here would be to reach out to attorneys to discuss. Another could be to try your luck in reposting and adding Libel & Slander as a category. There's no guarantee that your question would... View More

1 Answer | Asked in Criminal Law, Employment Law, Estate Planning and Personal Injury for Virginia on
Q: If a witness in a case has a criminal record, how does that impact their credibility if they are asked to testify?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 31, 2021

A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg
answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... View More

2 Answers | Asked in Business Formation, Civil Litigation, Employment Law and Estate Planning for Virginia on
Q: What are the different ways an attorney finds out information about a case through discovery?
F. Paul Maloof
F. Paul Maloof
answered on Jul 16, 2021

Request for Admissions, Interrogatories and Request for Production of Documents.

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1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Virginia on
Q: Can manager of motel where I work and live for past 3 yrs raise my rent if I no longer work for him

He threatened to raise my rent if I quit him

F. Paul Maloof
F. Paul Maloof
answered on Jun 18, 2021

There are two relationships involved in your reported situation. One is the employer-employee relationship. The other is the landlord-tenant relationship. I will only address the landlord-tenant relationship because I do not handle employment law matters. If you have a written lease, the landlord... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

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