answered on Mar 14, 2024
If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More
My wife started working at a Kindercare and while in training was informed by co-workers that the time during her training on campus was not paid. She has been doing her time sheet and clocking in at 0930. Is this legal in Virginia Fairfax area? To be at work during training but not be paid for the... View More
answered on Mar 8, 2024
In Virginia, and indeed across many jurisdictions, the law typically requires that employees be paid for training time if the training is mandated by the employer and is directly related to the employee's job. The Fair Labor Standards Act (FLSA), which sets out minimum wage and overtime... View More
She was rejected due to lack of experience, but she gave us an FYI that we should ask if a candidate has kids. And thinks she didnt get the job because of that
The challenge must be with a Virginia agency they never challenged the classification and Virginia allows Uber to treat drivers as independent contractors is this a civil rights violation
answered on Feb 24, 2024
The classification of Uber drivers as independent contractors or employees varies depending on the jurisdiction and applicable laws. While Uber may classify drivers as independent contractors in Virginia, the classification may be challenged if it is believed to be in violation of state employment... View More
I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More
answered on Jan 23, 2024
The H-1B visa is not limited to STEM fields; it can be granted to professionals in various sectors, including communications and public relations, provided the job requires specialized knowledge typically obtained through a bachelor's degree or higher in a specific field. The key is that the... View More
Working full time. Getting audited by client. Score are between 98%-100%. Top performer. Boss put me on a pip for something I was never trained on. Did a review after 30 days on the pip with rave reviews on how I was doing. 4 days later I got fired. I was told I was making mistakes still while on... View More
answered on Nov 14, 2023
In Virginia, unless you have an employment contract or government/union due process protections, you are generally considered an employee at-will. This means that generally a company can terminate you for any or no reason — so long as they are not violating a law.
Many employment laws... View More
My step dad retired in March 2023 from USPS and was told he would be paid his retirement within 6 months. It’s been 7 months now and there is no positive updates. He worked for them and put in his years for 30 years and he is expected to sit around and not enjoy his retirement? Luckily, he is... View More
answered on Nov 9, 2023
At this point, I can only recommend that you contract a labor law attorney. This is an attorney that handles employer and employee issues. Good luck!
I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More
answered on Oct 31, 2023
In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More
Hello, I am a county employee under the Commonwealth of Virginia?
I am also in the Virginia Army National Guard.
My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?
or does that only apply... View More
answered on Oct 26, 2023
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More
On my scheduled day off, I went to a social gathering with friends and had been drinking, afterwards i went to the fast food restaurant that i work at, went through the drive-thru & purchased food. When i worked on my next scheduled shift, my general manager wrote me up. Is that legal
sign with another Agency. They terminated me Aug. 14, my license is now inacative.
answered on Sep 5, 2023
Licensed real estate salespersons are typically independent contractors who act as agents on behalf of a licensed real estate broker. A broker may be entitled to a commission when it is the procuring cause of a sale of real estate. Commissions from the sale of real estate are paid to licensed... View More
answered on Aug 25, 2023
Banning a single mother's child from a public transit bus solely because she is the driver could potentially be considered discriminatory, as it might be seen as targeting her based on her parental status. Discrimination laws can vary, but many jurisdictions, including Virginia, have laws... View More
I was injured on the job and I was fired because of it.
answered on Jul 27, 2023
In Virginia, as in many other states, workers' compensation laws generally protect employees from being fired solely because they filed a workers' compensation claim or were injured on the job. Terminating an employee for exercising their rights under workers' compensation laws may... View More
I was hired to work for a cleaning company. I was 'let go' on my first day because I couldn't/wouldn't enter a house with 6 large dogs inside due to my allergy to them. End of day I told my boss I really enjoy my work but couldn't deal with the dogs because of my allergy.... View More
answered on Jul 7, 2023
In general, employers are required to make reasonable accommodations for employees with disabilities, including allergies, under the Americans with Disabilities Act (ADA). However, the ADA may not apply to all employers, depending on the size of the company. It is recommended to consult with an... View More
answered on Jun 7, 2023
It is not “retaliation” in the context of a legal cause of action for retaliation.
You only have a legal cause of action for retaliation when your employer takes an adverse employment action toward you because of your exercise of or participating in another employee’s exercise of... View More
I am a part time worker.
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.
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
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
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.
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