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 
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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... View More
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
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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... View More
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
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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
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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
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
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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
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
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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
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
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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
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
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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... View More
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
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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
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
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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
sign with another Agency. They terminated me Aug. 14, my license is now inacative.
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
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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
I was injured on the job and I was fired because of it.
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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
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
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... View More
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.
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
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
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
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
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
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
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!
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
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