Get free answers to your Employment Law legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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.
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
answered on Jul 16, 2021
Request for Admissions, Interrogatories and Request for Production of Documents.
He threatened to raise my rent if I quit him
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
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
answered on May 24, 2021
Losing?
Major legal expense?
Inability to collect?
Witnesses forget the facts?
Party says something stupid?
Risk... risk... risk.
Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... View More
answered on May 17, 2021
I regret that I do not handle employment law matters. Sorry.
The owner gave me a conditional offer which I accepted, where the salary would increase after training period, the conditional terms were met during my performance review (which was excellent). At that time the owner stated they would not be honoring the initial agreement and another agreement was... View More
answered on Mar 30, 2021
This situation sounds unfair, but the only way your termination could be unlawful is if you were targeted for termination based on your race (or other protected trait like sex, disability, age, or religion). Offer letters are not contracts, and an employer's failure to give you a promised pay... View More
My employer said he is only paying commission for jobs that were delivered or installed before I left.
answered on Feb 24, 2021
This is typically dictated by state law. I would reach out to an employment attorney in your state for a consultation.
Aneurysm is in "wait and watch" mode. Was told can still work but shouldn't lift over 40 lbs and keep calm and watch blood pressure. Can employer fire me for this? Do they need to know?
answered on Feb 24, 2021
Whether you are still capable of working is a question for your medical providers. It sounds like your medical provider released you to return to work with restrictions. If your job duties require you to lift more than 40 pounds or elevate your blood pressure, then you should inform your employer... View More
I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week
answered on Feb 12, 2021
If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be... View More
answered on Feb 12, 2021
This is a complicated question because there are a number of variables. First, are you hourly or salaried employee. Next, could the leave qualify under the Families First Coronavirus Response Act (https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave). Third, are you doing any work... View More
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