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Virginia Employment Law Questions & Answers
1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

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.

James L. Arrasmith
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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...
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1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Can a employer tell you who you can be friends with out side of the work place

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Virginia on
Q: With the new FTC ruling, can I recoup the costs a lawsuit cost me with breaking a non-compete agreement from an employer

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: Before I got hired I informed my employer about a couple medical issues I've been harrased and now my job is being

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

James L. Arrasmith
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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...
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1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Should I leave country while I apply for change of status from H1B to F2 ?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Virginia on
Q: For KinderCare Virginia Fairfax county area are workers given pay during training? Was told by co-workers otherwise.

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Uber classification of driver is independent contractor Virginia classification is employee, requiring Uber to challenge

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

James L. Arrasmith
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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

3 Answers | Asked in Employment Law and Immigration Law for Virginia on
Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

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

James L. Arrasmith
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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

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1 Answer | Asked in Employment Law for Virginia on
Q: Can you get fired while in the middle of a PIP (improvement plan)?

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

Lindsay A Freedman
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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...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Employment Law for Virginia on
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work

I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More

James L. Arrasmith
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answered on Oct 31, 2023

In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More

1 Answer | Asked in Public Benefits, Employment Law, Gov & Administrative Law and Military Law for Virginia on
Q: IDT paid time off? Federal orders annual training paid time off?

Hello, I am a county employee under the Commonwealth of Virginia?

I am also in the Virginia Army National Guard.

My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?

or does that only apply... View More

James L. Arrasmith
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answered on Oct 26, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More

1 Answer | Asked in Employment Law for Virginia on
Q: I have been terminated by Long & Foster and am the procuring cause for an upcoming commission they wont pay unless I

sign with another Agency. They terminated me Aug. 14, my license is now inacative.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 5, 2023

Licensed real estate salespersons are typically independent contractors who act as agents on behalf of a licensed real estate broker. A broker may be entitled to a commission when it is the procuring cause of a sale of real estate. Commissions from the sale of real estate are paid to licensed... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: im curious if it's discrimination to ban a single mothers child from a public transit bus when she is the driver?
T. Augustus Claus
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answered on Aug 25, 2023

Banning a single mother's child from a public transit bus solely because she is the driver could potentially be considered discriminatory, as it might be seen as targeting her based on her parental status. Discrimination laws can vary, but many jurisdictions, including Virginia, have laws... View More

1 Answer | Asked in Employment Discrimination, Workers' Compensation and Employment Law for Virginia on
Q: Can I sue my job for wrongful termination

I was injured on the job and I was fired because of it.

T. Augustus Claus
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answered on Jul 27, 2023

In Virginia, as in many other states, workers' compensation laws generally protect employees from being fired solely because they filed a workers' compensation claim or were injured on the job. Terminating an employee for exercising their rights under workers' compensation laws may... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Virginia on
Q: Can you be fired from your job for an allergy to dogs?

I was hired to work for a cleaning company. I was 'let go' on my first day because I couldn't/wouldn't enter a house with 6 large dogs inside due to my allergy to them. End of day I told my boss I really enjoy my work but couldn't deal with the dogs because of my allergy.... View More

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answered on Jul 7, 2023

In general, employers are required to make reasonable accommodations for employees with disabilities, including allergies, under the Americans with Disabilities Act (ADA). However, the ADA may not apply to all employers, depending on the size of the company. It is recommended to consult with an... View More

1 Answer | Asked in Employment Law for Virginia on
Q: If you get into an argument with a supervisor and the next day they write you up/discipline you is that retaliation
John Michael Frick
John Michael Frick
answered on Jun 7, 2023

It is not “retaliation” in the context of a legal cause of action for retaliation.

You only have a legal cause of action for retaliation when your employer takes an adverse employment action toward you because of your exercise of or participating in another employee’s exercise of...
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1 Answer | Asked in Employment Law for Virginia on
Q: can something be done about an employer doing everything in their power to try make you quit?

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.

Rhiannon Herbert
Rhiannon Herbert
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... View More

1 Answer | Asked in Employment Law and Contracts for Virginia on
Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

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... View More

Rhiannon Herbert
Rhiannon Herbert
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... View More

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