Get free answers to your Employment Law legal questions from lawyers in your area.
Today I told my boss's boss (a regional leader at my company) that I'm expecting my third child. Her response was, "You do know how that happens, right?" A few minutes later she loudly told one of my coworkers that she doesn't like that I'm pregnant. I'm terrified... View More 
answered on Apr 26, 2017
Those two comments, alone, do not make for a hostile work environment. To be a hostile work environment, comments must be so extreme as to be beyond all normal bounds of dignity; or be continuous and ongoing over a period of time. These comments were rude, but not extreme. However, if similar... View More
Should i contact a lawyer and seek counsel?
answered on Apr 18, 2017
This is a case where you need an attorney. Virginia has the treating physician rule. Normally, the treating doctor dictates work status. In your case the Defense Medical Examiner (DME) has said you can do light duty work. The insurer can decide to go with the DME. However, if your doctor is the... View More
I just received a letter from the IRS for unpaid Federal Taxes. I was awarded a settlement from my former employer. Should I contact the IRS myself on this issue or should I hire a Tax Attorney to do this for me? I believe that the entire amount of the settlement should not be taxed, or possibly... View More
answered on Mar 18, 2017
Settlements can be tricky because they have to be closely read to determine the proper tax classification of each item. That said, many taxpayers can choose to try to handle issues with the IRS on their own. There is certainly a wealth of information available through the IRS publications,... View More
If an employer makes a couple of discrepancies on employment record that prohibits employment within career field and neglected a federal regulation by law. If a requirement of a regulation specifies receiving "immediate" medical attention directly away from a scene as opposed to noticing... View More
answered on Mar 6, 2017
You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.
Out since August 2016. He was placed out of work by a doctor, he had to have extensive surgery and was then in rehab for his knee. He kept up with his company and give them all of the doctors notes. He went back into work last week and they told him that he didn't have a job there anymore that... View More
answered on Feb 7, 2017
Unless he was terminated because he filed for worker's compensation, he needs to file for unemployment and find another job. In Virginia, unless there is an employment contract or union benefits he can be terminated at will.
If he is medically unable to work or their is evidence to... View More
Someone stole my tire and rim while at work
answered on Dec 21, 2016
I assume you've already called the police about the car being robbed. If the robber is apprehended and the prosecutor decides to move forward, there will be a criminal case regarding the car robbery. Regarding the responsibility of the employer, I would definitely contact an employment lawyer.
I cannot reach my attorney, they will not return my calls. I was awarded lifetime medical benefits from Commonwealth of va. The dr sent me back with lifting restrictions, and I'm only getting 12 hours a week. I need to know what happens if I quit the job. My back hurts so bad that I am in... View More
answered on Dec 10, 2016
I understand you were out for seven months. I assume you were on worker's compensation and then you were returned to work in a light duty capacity. Your complaint is the employer is only giving you 12 hours of light duty per week. The insurer should be paying you two thirds of the difference... View More
From my understanding, there is no way for them to prove that I was drinking on the job (which I was not) without conducting another kind of test in addition to the etg urine test. They simply dismissed me, what are my options?
answered on Nov 29, 2016
In Virginia, an employer typically can terminate you without cause or with bad cause, so there is no legal obstacle to them terminating you for drinking even when you are not on the job.
answered on Nov 29, 2016
I see no legal obstacle to a doctor's office hiring you merely because your son is a patient, but there may be an office policy against it, and that would not be illegal.
answered on Nov 9, 2016
It's used quite often in many different types of cases. If the messages are relevant and overcome any hearsay objections, electronic communications can make or break a case. If you are in a case reliant on what was said on social media or in text, work with an attorney to plan for the... View More
I submitted by notice of resignation to my employer last week, with an effective date of November 11th. They accepted my resignation and did not ask me to alter my effective date. It turns out that the 11th is a paid holiday. Since it is a holiday, my employer is claiming that they only have to... View More
answered on Nov 2, 2016
This is not a workers compensation question. This is an employment issue. You need to contact the Virginia Department of Labor for an answer to this question. That number is 804-371-2327.
In completing applications for 1) employment and 2) re-certification as a paramedic, must I disclose as a misdemeanor being jailed under this statute?
Under a Divorce Decree, which incorporated a negotiated agreement, I was financially responsible to make payments on a student loan where my... View More
answered on Oct 25, 2016
The facts you related do not qualify as a misdemeanor. My opinion is that I think you are in good shape for your application to say that you have not been charged with a crime.
Claim has been filed, but contested. Been out of work now since June 27 2016. No lost wages yet. They responded on July 27th. Further investigation. Nothing yet. I've lost my license because this also, unable to pay. Also Childsupport is enforcing my order under these circumstances. They have... View More
answered on Sep 15, 2016
Hard to give you a rundown based on missing facts. You should contact a member of the Virginia Trial Lawyers Association who handles workers compensation and malpractice to discuss all aspects of your situation. They give free consultations. Not sure why you would lose your license. You have to... View More
I work as a temp for a big company in virginia. Its temp to hire. My employment is at will, which means i can be terminated without reason. I can not ask for time off. How do i honor my requirement? I work 12 hour shifts rotating. One month daylight, the next graveyard. I really want to put this... View More
answered on Sep 5, 2016
Here's your problem: if you do not complete VASAP, your counselor will notify the court that you are in violation of a court order. Then you have a good chance of having the Judge tell you that you must serve all or part of your suspended jail time. Then you definitely won't have a... View More
i filed paperwork with merit systems and only then did I get a response after waiting for 4 years. he has terrible reviews online. The system is somehow rewording my question. Simply, if owcp mailed money to me, do I have to share it with a shoddy lawyer?
answered on Aug 3, 2016
It depends on the terms of your contract with the lawyer: did he do the work he was hired to do, was he involved with negotiations, what is the payment arrangement, etc. You may be contractually bound to pay the attorney his fee, and if you do not, he may seek a judgment through the legal system.... View More
answered on Jul 20, 2016
Depends on the job. If they need you without limitations you may be able to collect unemployment which only requires that you can't do your old job.Talk to your lawyer about this.Don't have one?Talk to a member of Virginia Trial Lawyers Assn.--they give free consults
I showed up Friday at 5. Only one truck driver was there and failed to relay the message to stay until 7 am. I stayed about 30-45 mins and left when no one else showed up. I then showed up again Monday at 5am ready to clock in and work. I was then fired for being a no call no show. The deputy of... View More
answered on Jun 24, 2016
You should appeal this denial by the deputy and seek legal assistance by perhaps by a legal aid lawyer.
Spoken with the manger of the food chain and nothing has been resolved. I have contacted my bank for a copy of the merchant receipt.
answered on Jun 13, 2016
You need to immediately reach out to your local magistrate and report this activity. You may be able to sue the delivery driver in small claims court as well.
answered on May 10, 2016
It's likely going to matter what your employment contract and/or employee handbook says on the matter. I hope you haven't lost your job, but if you have and feel you have been wrongfully terminated, consult with an employment law attorney in your area to discuss your options. Good luck.
answered on May 4, 2016
I am not an education attorney, but it appears the Virginia Department of Education maintains a list of licenses that have been cancelled or suspended at this website: http://www.doe.virginia.gov/teaching/licensure/license_actions.pdf. The PDF says it was updated as of 4/12/16, so there appears... View More
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