Virginia Employment Discrimination Questions & Answers

Q: I want to go back to work after this workers comp injury is healed. I hired an attorney. Was I wrong for doing that?

2 Answers | Asked in Employment Discrimination, Employment Law, Libel & Slander and Workers' Compensation for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
Your attorney should be able to guide you through this process and advise you. Good luck.

Q: Hello I have 2 cases. 1. False arrest and 2. Wrongful termination by my company

1 Answer | Asked in Civil Litigation, Employment Discrimination and Criminal Law for Virginia on
Answered on Aug 17, 2018
F. Paul Maloof's answer
Sorry. I do not handle criminal employment cases.

Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Answered on May 16, 2018
Jerry Lutkenhaus' answer
If she has a disability due to a work-related injury, she first needs to have notified her employer of the accident giving rise to this disability within thirty (30) days of the accident. Then, she needs to have filed a claim with the Virginia Workers' Compensation Commission for the accident within two (2) years of the date of the accident. You indicated these were multiple incidents over a period of time. Also, a physical therapist is not a doctor. Usually, a concussion is treated by a...

Q: If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

1 Answer | Asked in Employment Discrimination, Employment Law, Workers' Compensation and Civil Rights for Virginia on
Answered on Mar 28, 2018
Timothy R Johnson's answer
An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.

Q: I was wondering in the state of Virginia is there anything that you can do or Sue your employer if it is a Hostile Work

1 Answer | Asked in Employment Law and Employment Discrimination for Virginia on
Answered on Mar 1, 2018
Peter Whelan's answer
If you work for a private employer in Virginia with fewer than 15 employees, then you are not protected by federal anti-discrimination statutes that might otherwise give you a remedy for a "hostile work environment."

However, it sounds like what you are experiencing is not a "hostile work environment" in the legal sense of the term, because it sounds like the harassment is not related to your sex, race, religion, or other similar protected status.

It sounds like you just work...

Q: Two multi family housing employees live on site. Both have signed the company lease, just as non employee residents do.

1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Virginia on
Answered on Jan 17, 2018
F. Paul Maloof's answer
You should file a complaint for discrimination with the US Dept of Housing.

Q: I am being required to have a test done by my employers preferred doctor. I have already sent letters of results from my

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Answered on Jul 31, 2017
Jerry Lutkenhaus' answer
Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME). An IME is with a defense doctor and is usually not treatment, just an opinion. You might have to sign a medical release.

Q: Where do I file if I live in Maryland, but the personal injury occurred in VA?

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Virginia on
Answered on Jun 26, 2017
Peter N. Munsing's answer
I assume you have provided your federal tort claims act notice and received the notice that they will not be resolving it.

I believe you may file in Maryland but they may ask that it be transfered to virginia. You should get a consultation from an attorney that specializes in Post Offcie cases --if there isn't one in Baltimore, there probably is one in DC. Look under the Md. Assn for Justice or the Trial Lawyers Assn Metro District of Columbia who handles post office cases or at least...

Q: I was injured out for 7 months, had back surgery. went back to work with restrictions no hrs avail 12 hrs wk can I quit?

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Answered on Dec 10, 2016
Jerry Lutkenhaus' answer
I understand you were out for seven months. I assume you were on worker's compensation and then you were returned to work in a light duty capacity. Your complaint is the employer is only giving you 12 hours of light duty per week. The insurer should be paying you two thirds of the difference as temporary partial workers' compensation benefits. If your lawyer does not help you, then you need to consider getting another lawyer.

Q: My employer administered a etg alcohol test which came up positive, this test goes back 80 hours. How can they use this?

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Answered on Nov 29, 2016
Mr. Andrew T. Bodoh Esq.'s answer
In Virginia, an employer typically can terminate you without cause or with bad cause, so there is no legal obstacle to them terminating you for drinking even when you are not on the job.

Q: Can I be denied employment in Virginia because I'm a smoker?

2 Answers | Asked in Employment Law and Employment Discrimination for Virginia on
Answered on Jan 17, 2011
Paul A. Prados' answer
Generally yes. There is no special protection for people who make what is considered a lifestyle choice of smoking. You can be denied employment because of piercings or tattoos for example as well.

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