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Virginia Employment Discrimination Questions & Answers
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 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 Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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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

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Virginia on
Q: Can manager of motel where I work and live for past 3 yrs raise my rent if I no longer work for him

He threatened to raise my rent if I quit him

F. Paul Maloof
F. Paul Maloof
answered on Jun 18, 2021

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... View More

Q: What type of evidence or witnesses is a defendant limited to , if any ?

Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 26, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Personal Injury and Employment Discrimination for Virginia on
Q: I read somewhere that a defendant can be sanctioned for not answering Interrogatories. What are the consequences?
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2021

You are correct. Only a Virginia attorney could advise here because civil procedure is governed by state rules. But your post remains open for four weeks. As a GENERAL matter nationwide, courts can usually impose sanctions for discovery-related issues, as in your question, failing to answer or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: I was diagnosed with aortic aneurysm. Not big enough for surgery yet. Can Still work. Do I have to tell employer?

Aneurysm is in "wait and watch" mode. Was told can still work but shouldn't lift over 40 lbs and keep calm and watch blood pressure. Can employer fire me for this? Do they need to know?

Carrie Dyer
Carrie Dyer
answered on Feb 24, 2021

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... View More

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for Virginia on
Q: Asking about firing from big corporations, no Counsels, no arbitration

Yes I'm the person, fire for getting 10 from a customer I help and Social with, cut her,grass, took time to her problem every month, listen to her same story every month, fired because she has gotten a big gas bill, lost marriage, house,car,Black ball

Tim Akpinar
Tim Akpinar
answered on Dec 29, 2020

A Virginia attorney could advise best, but your question remains open for a month. You could repost under Employment Law, or reach out to a local employment law attorney. Find out if your initial consult would be free and if the matter would be worth pursuing... you don't want to compound your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Virginia on
Q: I have a question involving what I believe to be unfair treatment by my employer.

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 28, 2020

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... View More

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.

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... View More

Steven Krieger
Steven Krieger
answered on Oct 7, 2020

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: My workplace is trying to use a plea of innocence as evidence for wrong doing. Should I seek representation?

My workplace is trying to punish me for "performance issues" and in their reasoning for punishment, they cite multiple instances where I plead innocence in personal conversation with my boss as evidence that I am guilty of "hiding work" or purposely misdoing work. That's... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

The 5th amendment right against self incrimination, found in the Bill of Rights in the US Constitution and many state constitutions, works to shield you from testifying against yourself as against THE GOVERNMENT. So unless your employer is a Federal or State agency of the government, your... View More

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Virginia on
Q: If my former employer is closed to the public due to coronavirus, must I still meet the deadline to serve my complaints?

This is regarding a wrongful termination from a local government.

F. Paul Maloof
F. Paul Maloof
answered on Mar 20, 2020

I regret that I do not handle employment law cases. Sorry.

Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof
answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Virginia on
Q: Need to sue today.Who can help? How to do it? It's a federal matter with employment.My right to sue letter expires

My right to sue letter expires today. I want to file a sue against my employer. I'm in Sterling VA. In what court should I present the case? Where do I get the papers to fill the case? Is there someone that can help me to do so,?

F. Paul Maloof
F. Paul Maloof
answered on Aug 29, 2019

I regret that I do not handle employment law matters. Sorry.

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
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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... View More

Jerry Lutkenhaus
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... View More

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