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Virginia Employment Law Questions & Answers
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

T. Augustus Claus
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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

1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... View More

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... View More

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: What can my step dad do to receive his retirement money?

My step dad retired in March 2023 from USPS and was told he would be paid his retirement within 6 months. It’s been 7 months now and there is no positive updates. He worked for them and put in his years for 30 years and he is expected to sit around and not enjoy his retirement? Luckily, he is... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 9, 2023

At this point, I can only recommend that you contract a labor law attorney. This is an attorney that handles employer and employee issues. Good luck!

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: Can i be punished for something that occurred on my day off

On my scheduled day off, I went to a social gathering with friends and had been drinking, afterwards i went to the fast food restaurant that i work at, went through the drive-thru & purchased food. When i worked on my next scheduled shift, my general manager wrote me up. Is that legal

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Yes, it is legal.

1 Answer | Asked in Employment Law for Virginia on
Q: I live in Virginia, and my work doesn’t provide me with a break when I work 4,6 or 8 hour shifts. Is this legal?

I am a part time worker.

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

Unfortunately, there are no federal laws that require employers to offer break time based on the length of shift you work.

1 Answer | Asked in Contracts and Employment Law for Virginia on
Q: If my employer had me sign an NDA/NON-COMPETE after a law was passed that it is unlawful to require signatures ..

from low wage employees and at the time of signature, I was low-wage, but upon termination a year later i wasn't, can it be enforced? and, if the Non Compete states the following... is that a 5yr employment contract?

7. Term. The time period during which information shall be exchanged... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You are seeking specific legal advice on a forum that offers general legal opinions and explanations about the legal process. More information will be needed for an opinion. This is an employment law/contracts question, as you know. You need to consult an attorney in your local area that practices... View More

1 Answer | Asked in Employment Law for Virginia on
Q: Why would an employment attorney ask to connect on LinkedIn when I have no connection with them?
John Michael Frick
John Michael Frick
answered on Mar 21, 2023

He may think you have knowledge of a particular case he is working on, or he may be mistaking you Fort someone else.

I occasionally am successful locating witnesses on LinkedIn because it is typical to list your employment history.

1 Answer | Asked in Employment Law for Virginia on
Q: Can a company whose contract says that I have both a 30-day and a 90-day commitment enforce the 90-day commitment?

I signed a contract with a company saying that I agreed to a term of 30 days with them, however, they said this was a misprint. Right below it says that I must provide written notice before terminating my 90-day commitment period. I have initialed both but am wondering, is the 90-day enforceable if... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

More information is needed to answer this question, and a review of the agreement you signed will likely be necessary. You should contact a Virginia contract or employment attorney to discuss the specific language in the agreement you signed and how these two terms work together.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Virginia on
Q: I just had heart surgery and my employer of 15 years seems to be trying to find a way to fire me. Should I lawyer up?

My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... View More

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