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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?

Daniel P Leavitt answered on Oct 26, 2018

Your attorney should be able to guide you through this process and advise you. Good luck.

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1 Answer | Asked in Civil Litigation, Employment Discrimination and Criminal Law for Virginia on

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

No priors in my past

F. Paul Maloof answered on Aug 17, 2018

Sorry. I do not handle criminal employment cases.

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on

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

claimed along with other hip, arm, leg, etc injuries (multiple incidents). She's a special education teacher in a public school system. She was already on sick leave about two weeks for an unrelated illness (not WC) when the vertigo sent us to the ER, about six weeks ago. During a recent physical... Read more »

Jerry Lutkenhaus answered on May 16, 2018

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... Read more »

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 ?

A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong

Timothy R Johnson answered on Mar 28, 2018

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Virginia on

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

I am currently employed for a private company in the healthcare field it is a relatively small company however the owner of the company is not only a bad manager however I do believe some of the things that she does and says is questionable crossing the HR boundaries. For example she consistently... Read more »

Peter Whelan answered on Mar 1, 2018

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...
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1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Virginia on

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

One employee is favored more than the other and is never charged a late fee for late rent. Same employee has violated lease agreement for housekeeping standards and granted a unit transfer regardless - which is against company employee policy and leaseholder policy. The other employee is always... Read more »

F. Paul Maloof answered on Jan 17, 2018

You should file a complaint for discrimination with the US Dept of Housing.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on

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

Own Physicians. They will not accept them. I have agreed to see their doctor and now they want me to sign a release of information. This is no problem for me except my appointment is in a month and they are pressuring me hard to sign papers now. What am I missing?

Jerry Lutkenhaus answered on Jul 31, 2017

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).... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Virginia on

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

In 2015 I was unjustly suspended, denied reasonable accommodation, went through depression, and still having mental issues, because the union never let me see an arbitrator, and just settled the case, but the settlement specifically states that the lump sum payment was for the denial of light... Read more »

Peter N. Munsing answered on Jun 26, 2017

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...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on

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?

I cannot reach my attorney, they will not return my calls. I was awarded lifetime medical benefits from Commonwealth of va. The dr sent me back with lifting restrictions, and I'm only getting 12 hours a week. I need to know what happens if I quit the job. My back hurts so bad that I am in tears at... Read more »

Jerry Lutkenhaus answered on Dec 10, 2016

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on

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

From my understanding, there is no way for them to prove that I was drinking on the job (which I was not) without conducting another kind of test in addition to the etg urine test. They simply dismissed me, what are my options?

Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

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.

2 Answers | Asked in Employment Law and Employment Discrimination for Virginia on

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

If you have additional details about your question fill them here

Paul A. Prados answered on Jan 17, 2011

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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