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District of Columbia Employment Law Questions & Answers
Q: Can a Federal GS employee that has worked there for over 20 years be removed medically by standards just put in place.

It’s a 0085 position which is a Security Guard and when we were hired the only medical requirement was lifting 50 lbs. They decided to put new medical standards in place and have just under half the work force on light duty pending removal if they cannot correct their issue. They are using an... View More

1 Answer | Asked in Employment Law and Business Law for District of Columbia on
Q: Management refuses to reimburse for tools stolen on the job

Our maintenance chief had his tools stolen while working for our management company. They are refusing to either reimburse him or replace the tools. In addition, he pays for his gas and parking while on the job even though he is often sent by management to numerous buildings. What are his rights... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A D.C. attorney could advise best, but your question remains open for five weeks. Until you are able to consult with a local attorney as to district-specific provisions of law, in settings like this, it could come down to the agreement/contract between the parties and disclaimers for responsibility... View More

Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... View More

1 Answer | Asked in Workers' Compensation and Employment Law for District of Columbia on
Q: Can I be compensated for Loss of wages ?

I got into an accident while working my driving job no fault was assigned at the time off accident I had slight injuries and was little damage to little vehicle a couple of days later my job fired me because they said the insurance was going to raise their rates

Joseph A. Interiano
Joseph A. Interiano
answered on Apr 8, 2023

If you are unable to work as a result of the injuries you sustained in the accident, you usually have a claim for loss wages against the other driver and their insurer. However, if you are not working due to being fired then you will likely not have a claim for lost wages. You normally will require... View More

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: I was terminated from my employer without any justification, they gave me a severance package but they want me to be

Available for 6 months. They have given other persons a much better severance package and they were of a different race and they had performance improvement plans. They want to give me one month salary and a Cobra pkg.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Jan 25, 2023

If you believe that you are being discriminated against on the basis of race, and treated differently from other employees in regard to severance payments, then you need to consult a licensed discrimination lawyer in the District of Columbia as soon as possible. Most attorneys are providing... View More

1 Answer | Asked in Employment Law for District of Columbia on
Q: A coworker put his head on my shoulder. It was unwelcomed, uninvited physical contact. I told my boss. What do I do now?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Oct 12, 2022

You should consult with with a qualified employment discrimination attorney who specializes in Sexual harassment. Most attorneys are providing consultations over the phone or zoom due to COVID.

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

Q: retaliation case my supervisor had his employee to take a cellphon picture under my dress.what case law can I use

My supervisor did not compensate me for work performed and lied and said 7:45am -5:15pm was 8 hours and was committing fraud. What caselaw can I use for this

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Aug 15, 2022

Is this a matter involving a DC employer? If so, I would be glad to give you a free 30 minute consultation tomorrow morning, August 16th at 10 am.

Clearly, videotaping under your skirt could well constitute sexual harassment in the work place. Did you report this incident to HR? Or have...
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1 Answer | Asked in Employment Law and Immigration Law for District of Columbia on
Q: My fiancée going to be here on a k1 visa, can she still work remotely for her foreign country?
Agnes Jury
Agnes Jury
answered on Apr 22, 2022

Yes but to make it clear that it is foreign income it would be better that her pay is deposited to her foreign bank account. Best wishes!

1 Answer | Asked in Employment Law and Criminal Law for District of Columbia on
Q: Is it false imprisonment to hold an employee after hours?

A high level manager asks a salaried employee if they can stick around to meet with them at 5:00pm which is normal close of business.

Employee is escorted to a conference room and takes a seat. The manager says they need to make some calls and then shuts the door.

The employee can... View More

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Feb 6, 2022

The definition of false imprisonment is very strict. It is a term under criminal and tort (civil) law. Under tort law it is classified as an intentional tort. A person commits false imprisonment when he or she commits an act of restraint on another person, confining that person in a bounded area.... View More

1 Answer | Asked in Employment Law for District of Columbia on
Q: My boss wasn’t paying me minimum wage and is making me pay for mistakes and calling me homophobic Slurs

So I got a job at a small pizza place in DC and my first two paychecks were just hand written checks without any paystub or details of my pay. I was being paid only $12 and making maybe 3-15 in tips a night and no benefits. I made an error that resulted in us having to make two pizzas and was... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 22, 2021

First of all, if you believe that you are being retaliated against and threatened because you may file a compliant you need to consult with a qualified employment discrimination attorney licensed in the District of Columbia. You also need to clarify the alleged homophobic slurs made by your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: Can my employer dictate where I live as a term of employment?

I work for a non-profit in DC. They are changing my position to be full-time telework, but I have to be available to come into the office now and then. That part is all OK with me, but in addition, they have provided a map of the counties in the area where I am allowed to live. They have threatened... View More

Carrie Dyer
Carrie Dyer
answered on Oct 27, 2021

There is no law that prohibits an employer from requiring employees to live within a certain radius of the office. You need to provide truthful information about your residence.

1 Answer | Asked in Employment Law and Civil Rights for District of Columbia on
Q: If an employer "requests" that you complete a dd3150, are you legally obligated to complete and submit that form?

The form specifically states: "While the information requested on this form is intended to be used primarily for internal purposes, in certain circumstances it may be necessary to disclose this information externally. And 85 Fed. Reg. 17047 states that "Providing this information is... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Oct 4, 2021

You do not have to sign the form. However, by not signing the form you can expect to be treated as not having been fully vaccinated. The policy is not discriminatory on its face if it is equally applied to everyone regardless of sex, race, national origin, religion or disability. It does not seem,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for District of Columbia on
Q: What is the impact of Appellant's Representative's Notice of Withdrawal of Counsel on an ongoing case?

My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Apr 8, 2021

The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.

1 Answer | Asked in Employment Law for District of Columbia on
Q: Washington DC employer refuses employment verification.

Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Feb 2, 2021

It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... View More

1 Answer | Asked in Employment Law for District of Columbia on
Q: How to get my SF-50 from my former federal agency?

I am a former government employee who left the federal government in 2014. My departure was due to an unethical SES who was removed from his director position due to complaints. Since leaving, I have worked as a contractor, I have passed my security checks. I am in the process of emailing my former... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 17, 2020

You may obtain copy of your most recent SF-50 by requesting from the National Archives and Records Administration, Good luck!

1 Answer | Asked in Employment Law for District of Columbia on
Q: can my boss legally give me a pay cut without notifying me first?

my boss has told me a lot of different things since I started this job, but he's continuously harassed me and now I was looking over my pay stub and realized that my pay has gone down. so legally was my boss able to give me a pay cut with any notification?

Steve Hoffman
Steve Hoffman
answered on Dec 10, 2020

Really an employment law question here, and a popular one!

Salary and other work condition stability may be protected if you were hired under conditions-certain contract, or depending on employer's policies or related laws that may cover its government contracts that provide the money...
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1 Answer | Asked in Employment Law for District of Columbia on
Q: Can a job let you go.For being in a methadone treatment
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Nov 12, 2020

Your question is not entirely clear. I can't tell if you went into treatment and are being prescribed methadone as part of the treatment, or if you are in treatment because of addiction to methadone.

District Courts have split on the question, especially if you have some protection...
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1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on
Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... View More

1 Answer | Asked in Business Law and Employment Law for District of Columbia on
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?

My new employer (there's only 2 of us in the company so far) has suggested I form an LLC so he can pay me through that instead of giving me a check each pay day like a normal employee would. He says the point of doing it this way is so I'll be taxed less and get to keep more of my money.... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 22, 2018

It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.

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