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Virginia Employment Law Questions & Answers

2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Virginia on

Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?

F. Paul Maloof answered on Jun 10, 2019

An employer may only withhold and garnish wages based on a Court's order that is stated in a Garnishment Summons. Not sure what you mean by frivolous instrument.

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4 Answers | Asked in Employment Law, Personal Injury and Real Estate Law for Virginia on

Q: What are the potential consequences for not answering questions during the discovery process of a lawsuit?

F. Paul Maloof answered on May 27, 2019

It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.

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1 Answer | Asked in Employment Law for Virginia on

Q: I was told I can't move up to management because my husband works for same company

But supervisor in another department has her daughter working for her what can I do

Daniel P Leavitt answered on Oct 26, 2018

The answer may depend on what your employer's policy says about the matter, and whether or not they are consistent in applying the policy.

1 Answer | Asked in Employment Law for Virginia on

Q: Am I entitled to overtime even when I’m salaried? My company website shows that I work 40hrs a week. Which is false.

I make between 52-56 yearly. But my jobs website lists me at a hourly rate multiplied by 5 days, which I know is a lie because I work 6 days and mostly 7 days. Is something fishy here?

Daniel P Leavitt answered on Oct 26, 2018

I am unclear here. If they are paying you hourly then you should get paid for however many hours you work. If you are on salary, then you get paid whatever your salary is. If you are salaried then you should be getting paid a fixed salary so your salary is not a range of 52-56. If you are hourly,... Read more »

1 Answer | Asked in Employment Law for Virginia on

Q: I have been undergoing treatment for Breast Cancer My oncologist wouldn’t let me work during chemo therapy

I’ve been on short term through work. Dr has agreed to let me work some while doing radiation Dr put restriction on me not sit or stand all day; alternate throughout the day. My employer said for me not to come back till they read policy, can they do this?

Daniel P Leavitt answered on Oct 26, 2018

It is a balancing act and they need to make sure that it is safe for you to be there. If your Dr. allowed you to work then they should let you work if you are medically fit. If you are not under contract though, keep in mind that employment is "at will" and an employer can generally let you go for... Read more »

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 Employment Law and Business Law for Virginia on

Q: want to know if the owner is allowed to hold on to my tips if something is not done right.

He has a “to do list” with 10-12 things he wants done, and if one is not he would take 10% each of our tips for the day (cash and extra gratuity tips). He also takes them and holds on to them till Friday and then gives them to us.

Timothy R Johnson answered on Apr 12, 2018

Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases on a... 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 Civil Litigation and Employment Law for Virginia on

Q: My previous employer wants to pre depose me and the person who is sueing them to depose me. Do I have to?

I will have to take off work and told them they need to pay me. they said only for the pre deposition but they cannot pay me for the Plantiffs deposition time. I am ok to go if they pay me, they are paying my traveling expenses. But I have not worked for this company in almost a year

F. Paul Maloof answered on Feb 23, 2018

Virginia Supreme Court Rule 4.2 applies to your situation. It is entitle "Depositions Before Action or Pending Action.

1 Answer | Asked in Civil Litigation, Employment Law and Libel & Slander for Virginia on

Q: I know Va is an at will state, but I was just fired without warning based on false information.

I know Va is an at will state, but I was just fired without warning based on false information about me provided by our executive director to our CEO. Nothing was done by either to determine the truthfulness of the information-nor was I even asked about the situation. I was just called in the phone... Read more »

F. Paul Maloof answered on Feb 16, 2018

You certainly can file a lawsuit but you have the burden of proof so get your evidence and witnesses together since those will be required to support your claims.

1 Answer | Asked in Employment Law, Real Estate Law and Civil Rights for Virginia on

Q: When it comes to lawsuits, what do attorney's find is the biggest reason clients are frightened by the courtroom?

Richard Sternberg answered on Feb 6, 2018

Clients are humans or, in the case of corporations, LLCs, and other entities, owned by humans, and humans are as varied as humans. Good lawyers get that. Great lawyers use it.

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on

Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

I work for a federal government agency (Org A), while representing and employed through Org A, I assisted a separate federal government agency (Org B) on a project. For my contributions upon completion of the project, Org B gave me a small monetary award. After a long 2-year HR process between Org... Read more »

Mr. Beau Correll answered on Jan 7, 2018

I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal employment... Read more »

2 Answers | Asked in Consumer Law, Employment Law and Business Law for Virginia on

Q: false or inarticulate information on your background check by chekr

I drive for uber and uber use third party background check company called chekr . checkr provided wrong and inaccurate information about me to uber then uber suspend my driving privilege. is it possible i held uber and checker liable for their neglect and what is my chances to bring them to... Read more »

Anthony Rocco Pecora Esq answered on Oct 11, 2017

If Chekr is considered a consumer reporting agency it has obligations under the Fair Credit Reporting Act (FCRA) to have reasonable procedures in place to assure maximum possible accuracy of the information reported. Simply put, it should have algorithms or other "If then" formulas in place to... Read more »

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1 Answer | Asked in Employment Law and Personal Injury for Virginia on

Q: I suffered a back injury while working for a former employer. He paid out of his pocket for chiropractic care.

The injury was 3 maybe 4 years ago. I don't believe he filed anything with workmans comp. The chiropractor said I should not be lifting so the employer said he no longer needed me. Now several years later I have major back injuries that started with this initial back injury. Is there anything I... Read more »

Jan F Hoen answered on Sep 25, 2017

The statute of limitations to file a claim is two years. You should have filed within that time. Your claim is most likely barred.

There are some limited exceptions but you would need to consult directly with an attorney to see if they might apply.

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

Q: If I'm a building contractor that hires an electrician one time, are they considered "regularly employed"?

Jerry Lutkenhaus answered on Sep 22, 2017

You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent contractor... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law and Employment Law for Virginia on

Q: single occupant bathroom is it unlawful to record audio of person inside without consent from other side of closed door

Woman was in single occupant bathroom and supervisor audio recorded her in said bathroom without her knowledge from other side of the door and is threatening her with the recording.

F. Paul Maloof answered on Sep 12, 2017

My law practice does not cover unauthorized recorded conversations. Sorry.

1 Answer | Asked in Criminal Law, Employment Law and Domestic Violence for Virginia on

Q: Is there any way to seal 18.2-57.3 so this college educated fellow who made a mistake over 7 years ago can get a job?

Susan Fremit answered on Aug 19, 2017

Under current Virginia law, if there was an admission of guilt or a find of facts sufficient (usually in a first offender program), such a charge can NEVER be expunged (what folks mean when they say "seal").

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 and Workers' Compensation for Virginia on

Q: I work as a bouncer and get paid cash nightly.I was injured and am out of work for minimum of two months. Am I entitled

To receive workmens comp benifits

Jerry Lutkenhaus answered on Jul 31, 2017

Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.

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