I was presented a termination letter that contained a covenant not to sue and stated I would be paid for my unused leave, the letter did not contain any of the language required by the OWBPA and gave me less than 24 hours to sign.
Because I had no knowledge of EEOC, ADEA, or OWBPA I signed... Read more »
I quit my job Jan 2nd 2023 and throughout 2022 maximized by 401k contributions. According to our retirement savings plan rules, if you are "employed by the employer on the last day of the Applicable Period the Employer may contribute to your Employer Matching contribution Account in an amount... Read 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.
being treated different doubling work load they give 2 people threatening his job for everything when he expresses how he's being singled out they just tell him he will be missed wanting him to quit.
answered on Mar 15, 2023
The answer to this question will depend on why you are being singled out. While Virginia is an at-will employment state, meaning the employer or employee can terminate the employment relationship at any time, employees cannot be harassed or discriminated against due to a protected class... Read more »
They ended up having to pay the garnishment in full when action wasn’t taken prior to it being sent to cooperate office
I have an issue w my back/joints aswell as mental but my doc and I don't know what it is. My dm refused my current doctors note for extra sitting time between activities. I clean, deepclean, manage, cook, and train but now I need a better note that says now long i can stand vs sit and if they... Read more »
I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... Read more »
answered on Dec 22, 2022
You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... Read more »
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... Read more »
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.
A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... Read more »
answered on Dec 5, 2022
More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... Read more »
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... Read more »
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... Read more »
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.
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.
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... Read more »
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
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... Read more »
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... Read more »
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... Read more »
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?
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... Read more »
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.
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
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... Read more »
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... Read more »
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... Read more »
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... Read more »
answered on Oct 20, 2021
This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.
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... Read more »
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... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.