Virginia Employment Law Questions & Answers

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

1 Answer | Asked in Employment Law for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
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.

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

1 Answer | Asked in Employment Law for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
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, then your total amount can range based on the number of hours you work. In addition, you can get a bonus and so you could be hourly or salary and also get a bonus.

So a salaried worker gets...

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

1 Answer | Asked in Employment Law for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
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 any reason that is not against the law.

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

1 Answer | Asked in Employment Law and Business Law for Virginia on
Answered on Apr 12, 2018
Timothy R Johnson's answer
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 contingency basis so your only risk is lost time.

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

1 Answer | Asked in Civil Litigation and Employment Law for Virginia on
Answered on Feb 23, 2018
F. Paul Maloof's answer
Virginia Supreme Court Rule 4.2 applies to your situation. It is entitle "Depositions Before Action or Pending Action.

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

1 Answer | Asked in Civil Litigation, Employment Law and Libel & Slander for Virginia on
Answered on Feb 16, 2018
F. Paul Maloof's answer
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.

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

1 Answer | Asked in Employment Law, Real Estate Law and Civil Rights for Virginia on
Answered on Feb 6, 2018
Richard Sternberg's answer
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.

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

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
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 rights. If I were you, I'd look for attorneys that focus on the latter because there are probably certain nooks and crannies to your particular case that a state tort attorney may pass over.

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

2 Answers | Asked in Consumer Law, Employment Law and Business Law for Virginia on
Answered on Oct 11, 2017
Anthony Rocco Pecora Esq's answer
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 make sure the information reported is really about you. You may have a claim against Chekr. You are likely not to have a claim against UBER if you are considered an independent contractor. Did you...

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

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Virginia on
Answered on Sep 25, 2017
Jan F Hoen's answer
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.

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

1 Answer | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Sep 22, 2017
Jerry Lutkenhaus' answer
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 and should carry his own workers' compensation coverage. You should make sure the agreement is clear he is an independent contractor and not an employee (who is paid by the hour and supervised by you).

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

1 Answer | Asked in Libel & Slander, Criminal Law and Employment Law for Virginia on
Answered on Sep 12, 2017
F. Paul Maloof's answer
My law practice does not cover unauthorized recorded conversations. Sorry.

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?

1 Answer | Asked in Criminal Law, Employment Law and Domestic Violence for Virginia on
Answered on Aug 19, 2017
Susan Fremit's answer
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").

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: 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

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Answered on Jul 31, 2017
Jerry Lutkenhaus' answer
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.

Q: What kinds of things typically come out during pretrial discovery in lawsuits?

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Answered on Jul 31, 2017
Jerry Lutkenhaus' answer
For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond to pretrial discovery or interrogatories from the defense attorney without first consulting an experienced Virginia work comp lawyer.

Q: What kinds of things come out during the discovery process, and how is the information obtained?

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Virginia on
Answered on Jul 6, 2017
Steve Miyares' answer
It depends on whether it is a criminal or civil matter. You should consult an attorney about the specifics of your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.