Get free answers to your Employment Law legal questions from lawyers in your area.
I received a call from HR stating that they have videos of me allegedly stealing food from the cafeteria. They mentioned the incident happened 8 times over the last couple of months. I haven't been formally accused yet but was asked if I recall it happening. I haven't reviewed the videos,... View More 
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answered on Feb 14, 2025
Consuming food, supplies, or other resources belonging to your employer without authorization could be considered embezzlement in Virginia. It is best to consult with a criminal defense and/or employment attorney about the options available to you based on the terms of your employment & how the... View More
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answered on Oct 22, 2024
Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More
This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.
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answered on Jun 15, 2024
I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.
You should review your company's bereavement leave policy in the employee... View More
My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place
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answered on Jun 3, 2024
No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More
Breaching the non-compete ended up costing close to $50K in settlement and legal fees back in 2017. I worked for the employer and then left to go start my own business that competed with them in government contracting. With the FTC ruling that non-competes are unfair and unenforceable I would like... View More
answered on May 2, 2024
No. Assuming the new FTC rule does go into effect in its current form, the current version of the rule expressly states "The requirements of this part 910 do not apply where a cause of action related to a non-compete clause accrued prior to the effective date."
Since your breach... View More
Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More
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answered on Apr 7, 2024
I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:
1. Document everything in detail - dates, times, what... View More
Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More
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answered on Apr 3, 2024
In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:
1. File Form I-539: To change your... View More
In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.
Does the lessee typically write off those expenses?
I received a 1099-NEC accounting for the... View More
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answered on Mar 29, 2024
When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More
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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
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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
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
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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
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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
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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 former employer in Virginia is asking for wage repayment after I took a Paid Caregiver leave of absence at 100% pay, which ran concurrently with FMLA to care for my parent with a serious health condition. Before resigning, I verified with them if there were any obligations, and they did not... View More
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answered on Jun 12, 2025
That situation is both stressful and confusing, especially when you made sure to ask about obligations before you resigned. Under federal law, FMLA itself does not require employees to repay wages or benefits, even if they don’t return after leave. However, your employer may have offered... View More
I am owed 5.5 hours of overtime pay from two weeks ago after working at another branch, where I was promised payment for my overtime. I have spoken with my employer and even have witnesses who can confirm this promise, yet I still haven't been paid. I filed a formal complaint with HR, but... View More
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answered on Jun 12, 2025
You absolutely have the right to take action if you've worked overtime and haven’t been paid for it. Even though it’s just 5.5 hours, wage laws protect your right to be compensated for every hour you work beyond your regular schedule. If your employer made a promise, and you have witnesses... View More
I am inquiring about potential penalties for a licensed therapist in Virginia who obtained an Emergency Custody Order (ECO) to involuntarily detain an adult mental health client under false pretenses. The therapist falsely claimed the client showed up to their office demanding to be seen, even... View More
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answered on Jun 3, 2025
If a licensed therapist in Virginia knowingly makes false statements to obtain an Emergency Custody Order (ECO), they may face serious consequences. The Virginia Board of Counseling considers such actions a breach of professional conduct, which could lead to disciplinary measures including... View More
During a background check for an upcoming internship, a charge against me was still pending. Although my prospective employer hasn't brought it up, the case has since been resolved. I'm unsure whether I should disclose the outcome now, as I start my internship tomorrow and I'm... View More
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answered on Jun 2, 2025
If the charge was resolved and didn’t result in a conviction, you may not be legally required to disclose it, especially if the application only asked about convictions. Virginia law often allows individuals not to report arrests or charges that didn’t lead to a conviction, depending on the... View More
I was terminated from my company 8 months ago. During the exit process, I had 8 company-owned computers. I asked two separate individuals which ones I needed to send back, and both told me to return only 2 of them, explicitly stating nothing else needed to be returned. Now, they've recently... View More
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answered on May 15, 2025
Given that you were explicitly told by two individuals that only two of the eight computers needed to be returned, you likely have a strong case for not being responsible for returning the remaining ones. If they didn’t clarify otherwise or give you instructions to return them, it’s... View More
I worked from home in Virginia for a company based in Oklahoma. After my son was assaulted on a school bus, he developed severe anxiety manifesting in sickness. His condition required my attention and affected my work. I communicated with both my supervisors regarding my need for flexibility to... View More
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answered on May 14, 2025
You have a protected right under Title VII to request time off for a sincerely held religious observance, and denying that request and then firing you just days later looks like unlawful retaliation for practicing your faith.
Your son’s serious health condition may also qualify you for... View More
I am a federal employee with 14 years of service and part of a bargaining unit. I was falsely accused of misconduct and disciplined with a one-day suspension without pay. Although informed that I could file an EEO complaint, I was not made aware of agency grievance or union grievance procedures,... View More
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answered on May 14, 2025
You can’t be disciplined without the chance to fully contest the charges and present your mitigating history, so your first move is to file a grievance or appeal under your agency’s grievance procedure and your union’s contract. In that appeal, point out that the proposal letter ignored key... View More
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