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...Read more »
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...Read 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... Read more »
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... Read more »
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... Read more »
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...Read more »
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...Read more »
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...Read more »
Virginia wage law provides, in relevant part: "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." So, if no written...Read more »
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...Read more »
I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.
I work for a large hospital system. I was employed by them in Nov 2018 as a Senior Staffing Coordinator for their in-house long-term float pool. (Staffing Solutions is the department.) When COVID cases began to surge in the early part of 2020, a new department was created called the Resource... Read more »
As long as you are being paid for the extra hours you're working (and if you are paid by the hour, overtime pay for hours worked over 40 in a week), your employer is allowed to add on job duties and change your schedule at any time. While your situation sounds unfair, there is nothing unlawful...Read more »
My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »
I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.
I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... Read more »
Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.
I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.
The UVA HR dept does not have information on... Read more »
Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.
However, whether the entire on-call shift must be paid depends on...Read more »
Offer or welcome letters like the one you described are typically not considered binding employment contracts, even if it specifies your rate of pay or hours per week. Unfortunately, the law doesn't offer much protection if your employer decides to reduce your rate of pay or change your...Read more »
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