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Virginia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Virginia on
Q: Is there anything I can do legally giving the situation below? Thank you in advance!

The owner gave me a conditional offer which I accepted, where the salary would increase after training period, the conditional terms were met during my performance review (which was excellent). At that time the owner stated they would not be honoring the initial agreement and another agreement was... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

This situation sounds unfair, but the only way your termination could be unlawful is if you were targeted for termination based on your race (or other protected trait like sex, disability, age, or religion). Offer letters are not contracts, and an employer's failure to give you a promised pay... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: After I left, do I get commission for jobs that I entered or only jobs that were completed?

My employer said he is only paying commission for jobs that were delivered or installed before I left.

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

This is typically dictated by state law. I would reach out to an employment attorney in your state for a consultation.

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... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: Is time spent in a work mandated quarantine required due to work travel paid, or considered hours worked?
Merritt James Green
Merritt James Green answered on Feb 12, 2021

This is a complicated question because there are a number of variables. First, are you hourly or salaried employee. Next, could the leave qualify under the Families First Coronavirus Response Act (https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave). Third, are you doing any work... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: If I am fired for losing a part do I legally have to pay for the part replacement
Merritt James Green
Merritt James Green answered on Feb 12, 2021

Virginia wage law provides, in relevant part: "No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee." So, if no written... Read more »

1 Answer | Asked in Employment Law and Legal Malpractice for Virginia on
Q: Is it legal in virginia to have more then one worksheet to avoid paying overtime?

I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week

Merritt James Green
Merritt James Green answered on Feb 12, 2021

If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

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... Read 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... Read 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... Read 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 Law and Workers' Compensation for Virginia on
Q: Is my employer (Oregon) supposed to pay out accrued PTO if it is their in the employee handbook? I'm working from VA.

I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 30, 2020

Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.

1 Answer | Asked in Employment Law for Virginia on
Q: How can UVA require me to work OT without it being in our policy manual and HR knowing nothing about "Pink Star Days"?

I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.

The UVA HR dept does not have information on... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.

However, whether the entire on-call shift must be paid depends on...
Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: I have a welcome letter that states specifically my rate of pay and schedule will not change. Is this binding?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 9, 2020

Offer or welcome letters like the one you described are typically not considered binding employment contracts, even if it specifies your rate of pay or hours per week. Unfortunately, the law doesn't offer much protection if your employer decides to reduce your rate of pay or change your... Read more »

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Sexual Harassment for Virginia on
Q: Hi I'd like to know if this includes surveillance in shelters or supportive housing environments through securitas?

I find it extremely lewd and quite offensive still sleeping in my clothes.

F. Paul Maloof
F. Paul Maloof answered on Aug 6, 2020

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

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1 Answer | Asked in Employment Law for Virginia on
Q: Can I request that a written disciplinary action be removed from my personnel file after a certain period of time?

I was written up in 2018 at a regional jail I worked at for what I believe was unjustified reasons. I have nothing else on my record. I am currently in the hiring process for other law enforcement agencies and I believe this is hindering my background process. I have heard that they are allowed to... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Additional information is needed to answer your question. Are you a member of a union? Your union contract may dictate if and when a disciplinary write-up "falls off" or can be removed from your file. You should review your union contact or a handbook for this information. There is no... Read more »

1 Answer | Asked in Employment Law and Landlord - Tenant for Virginia on
Q: As an employee of an apartment complex what are my rights after being physically threatened by a tenant?
F. Paul Maloof
F. Paul Maloof answered on Jul 24, 2020

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

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... Read 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... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: I am a Registered Nurse working for a large company and have been in a retaliation and hostile work environment.

Reported my Director at work and was quickly retaliated against. Have been harassed and made fun of. My staff as well have been treated poorly. We have reported to the Compliance Hotline and am currently at home without pay until something is resolved by now 2 weeks and no answer. Please help..... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, more facts are needed to evaluate your situation. However, generally speaking, there is no legal protection from general harassment or bullying in the workplace. If that harassment is sexual harassment, or based on a health condition, your sex, skin color, religion, etc., it may be unlawful... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

.

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read 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.

1 Answer | Asked in Employment Law for Virginia on
Q: My wife works for a local bank, she has been told she can have her 30 minute lunch, but can’t leave. Must Clock out

My wife works for a local bank, she has been told she can have her 30 minute lunch, but must clock out, but cannot leave the building in case a customer comes in. From what I understand and I may be wrong. They can make her stay in the building, but they cannot bother her for the 30 minutes,... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 11, 2020

Yes, she should be able to take an uninterrupted break if they are requiring her to clock-out. If she is clocking-out and is consistently unable to take an uninterrupted break, I would reach out to an employment lawyer in your state for a full evaluation. There are other factors that need to be... Read more »

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