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Virginia Employment Law Questions & Answers
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
PREMIUM
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 »

1 Answer | Asked in Business Law and Employment Law for Virginia on
Q: What is the difference between business litigation and employment litigation?
Tim Akpinar
Tim Akpinar
answered on Feb 29, 2020

Business litigation deals with business matters such as the sale of goods, breach of contract, challenging corporate structures, and other areas, many of which are related to contract law. Employment litigation is more focused on matters that arise in the workplace, such as discrimination, wrongful... Read more »

Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Virginia on
Q: Would reporting gross incompetence of a company to news outlets outlets be covered under whistleblower
F. Paul Maloof
F. Paul Maloof
answered on Dec 29, 2019

I regret that I do not handle whistleblower matters. Sorry.

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: How Can a firm charge a client for hiring me if I am not their employee, nor have a non compete contract.

I currently obtain part time shifts through a company that declares I am not an employee, I am an independent contractor. Therefor they can not and will not verify that I work through them. One of the facilities I have been providing assistance to wanted to hire me FT. I was interested. They say... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2019

If you did not sign any documents or a contract with the employment agency I would be very surprised--because all of them require people like you to do so.

Moreover, if an employment agency or company has been sending you out to work at various places then you can be sure the agency has...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't... Read more »

Bryan J. Jones
Bryan J. Jones
answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

1 Answer | Asked in Employment Law for Virginia on
Q: Our company just changed payroll companies. They just started rounding our start time to 5am even if we are there.

we get paid every 2 weeks

at the end of the 2 weeks I was shorted an hour due to this.

They paid me later for the time but then started rounding it up again even though the clock in time sheet that we can print shows the real time we clocked in we are not getting paid until 5am... Read more »

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

A rounding practice that, over a period of time, results in a failure to compensate employees for all hours works violates the Fair Labor Standards Act (FLSA). This is federal law that is pursued in federal court and can be pursued by a law firm from out of state.

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