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Drivers was involved in ann accident four hours after consuming a beer (caught on dash cam). Since it was deemed as minor accident at the time, my former employee went through the process of calling the cops and going through typical post accident protocol. He was not tested for alcohol at the... View More 
answered on Sep 19, 2024
In your second post, you said this was a "former" employee. I responded to that with considerations regarding his continuing employment status. The dash cam video is important evidence because it is probably time stamped, be sure to keep it secure in case this whole thing blows up and... View More
Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More
answered on Sep 19, 2024
I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol... View More
Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More
answered on Sep 19, 2024
Good morning -- If this case goes to litigation, you will have to duty to turn over any dashcam video if the other side asks for it. On the other hand, you have no duty to voluntarily relinquish it since him drinking one beer does not appear to be an issue. I am assuming he was not charged with a... View More
I should clarify, I would be fine getting fired but can't pay for damages, I've worked this place for 9 months and have no prior accidents. The boss is threatening to take me to court of I leave as an attempt to extort. The guy tried to do this by lying about my employment status stating... View More
answered on Jun 1, 2024
Your comment raises so many issues: 1. an employee is not liable for damages caused by his ordinary negligence (this is why employers carry insurance), 2. You are an employee not an independent contractor, there may be wage issues and more; 3. They are extorting you to remain working in order to... View More
If so, under what law would they be eligible?
answered on May 7, 2024
First of all, you should have been given a state dept. employee handbook upon your orientation into the state department. So, having access to the state dept. employee handbook should not be a problem. Are you referring to access to your personnel file? If that is the case, then that would be a... View More
answered on May 7, 2024
Generally, an employee who works in the District of Columbia is an at-will employee. This is true for federal, state, and local employees in the District of Columbia. However, the at-will doctrine does not apply if you could prove there was discrimination in your treatment at work or dismissal from... View More
I believe I was wrongfully terminated due to my mental health disability (ADHD and anxiety). On April 9, 2025, I had a severe panic attack and couldn't communicate with my supervisor for several hours. My impulsive response was to lie about my whereabouts, driven by shame and fear linked to my... View More
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answered on May 14, 2025
I'm really sorry this happened to you. It sounds like your employer acted quickly and harshly, even though your supervisor was aware of your ADHD and anxiety. When someone is fired without a chance to explain their mental health crisis or ask for accommodations, it can raise serious concerns... View More
I believe I was wrongfully terminated due to a mental health crisis. I experienced a panic attack and was unreachable for a few hours. Out of fear and embarrassment, I gave an inaccurate explanation for my absence. The next day, my employer asked for evidence to support my explanation, which I was... View More
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answered on May 14, 2025
I'm really sorry you're dealing with this. Being let go while struggling with your mental health can feel overwhelming and deeply unfair.
Under federal law, most employers are required to provide reasonable accommodations for employees with mental health conditions, as long as the... View More
I am a federal employee who took annual federal leave to attend various appointments, including medical ones. Before my leave, I completed paperwork for Reasonable Accommodation and provided it to my employer. I informed her about my medical appointments and gave documents that would not infringe... View More
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answered on Apr 8, 2025
Your federal employer cannot generally demand proof of your specific activities during your annual leave unless there is a clear and specific policy requiring it. As long as you have provided the necessary documentation for your Reasonable Accommodation request and your medical appointments without... View More
I live and work from home, in Washington DC. My boss (most likely based on what information I could find) lives and works in Maryland.
I have been facing workplace retaliation and have escalated it to HR as of Friday afternoon.
In DC (my understanding) is that it is legal to... View More
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answered on Aug 6, 2024
You are in a complex situation because the laws of both DC and Maryland may apply. In DC, you are correct that only one party needs to consent to recording a conversation. This means you can legally record conversations without informing the other person if you are in DC.
However, since... View More
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
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
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.
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
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
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
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.
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
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.
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
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.
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
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... View More
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!
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
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
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
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
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