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Virginia Employment Law Questions & Answers
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
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... View 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... View More

Peter Whelan
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...
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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
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... View More

F. Paul Maloof
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
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... View More

Beau  Correll
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... View 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... View More

Anthony Rocco Pecora
Anthony Rocco Pecora
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... View 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... View More

Jan F Hoen
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
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... View 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
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
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
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).... View 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
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.

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Q: What kinds of things typically come out during pretrial discovery in lawsuits?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

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... View More

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Virginia on
Q: What kinds of things come out during the discovery process, and how is the information obtained?
Steve Miyares
Steve Miyares
answered on Jul 6, 2017

It depends on whether it is a criminal or civil matter. You should consult an attorney about the specifics of your situation.

1 Answer | Asked in Employment Law, Estate Planning, Family Law and Personal Injury for Virginia on
Q: What kinds of things come out during pre trial discovery?
Michael Christopher Miller
Michael Christopher Miller
answered on Jul 5, 2017

If done properly, everything comes out.

The key issues to address are property for equitable distribution, income and expenses for support, family history for custody and visitation, and the factors and circumstances leading to the dissolution of the marriage for both the grounds of divorce...
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1 Answer | Asked in Real Estate Law and Employment Law for Virginia on
Q: Salesperson has been active with ABC Realty Corp. She wants to activate with XYZ Realty
Richard Sternberg
Richard Sternberg
answered on Jun 29, 2017

So, what is the question? She asks the new broker to secure her insurance and hang her license, and she negotiated an agent agreement.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Virginia on
Q: Where do I file if I live in Maryland, but the personal injury occurred in VA?

In 2015 I was unjustly suspended, denied reasonable accommodation, went through depression, and still having mental issues, because the union never let me see an arbitrator, and just settled the case, but the settlement specifically states that the lump sum payment was for the denial of light... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

I assume you have provided your federal tort claims act notice and received the notice that they will not be resolving it.

I believe you may file in Maryland but they may ask that it be transfered to virginia. You should get a consultation from an attorney that specializes in Post Offcie...
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1 Answer | Asked in Employment Law for Virginia on
Q: What can we do about this situation???

My wife works for Wal-Mart corp. She took a transfer from one store in Boynton Beach FL to Dublin, Va. Her start date was yesterday and when she went in they stated that she couldn't start because of a background check. She has been working for the corporation for over three years and already... View More

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Jun 21, 2017

Do you think it has something to do with discrimination? Why did they do a background check again after the transfer?

Speak with an attorney.

1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: If a criminal case is nonprossed, what does that mean?

I had a case last year where I was wrongly accused of an assault charge and rape on an incapaciated adult. The case was non prossed or dismissed and the persons who harrassed me on the job and accused me was found to be the perpetrator. Will the issue of it be it being on my record although... View More

Gary D. Godman
Gary D. Godman
answered on May 2, 2017

"Nolle prossequi" means the prosecution has decided not to pursue the charge but may be able to bring it again in the future. It is technically different from an outright dismissal. You may want to speak to a local attorney about the possibility of expunging the charge as it appears the... View More

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