Virginia Employment Contracts Legal Questions

Anybody can sue anybody for anything, but it doesn't sound to me like you have much of a case, unless the broker required you to use UPS, or has an agreement with you (which could possibly be implied from previous conduct) that it will accept copied logs where the originals have been lost.  If you could have personally delivered the logs, and chose to take the risk of using a delivery service, I don't think you can impose that risk on the broker.  It is even possible that the broker is required to have original logs to get its own payment from medicaid, in which case why would it pay you when it couldn't get paid itself? You may have a better claim against UPS, but it is likely that your contract with UPS limits its liability in these instances to a minimal sum.  Your best shot would be if you insured the contents of your package, but if not I don't think you have much of a claim.... Read More

Absent a contract which says otherwise, or discrimination for some reason prohibited by statute (age, race, gender, religon,etc.), an employer is not required to pay each of its employees the same, or to pay more to more experienced employees.  Not sure if you follow baseball, but Andrew Miller makes a lot more than Chris Capuano even though they play the same position for the same employer and Capuano (until he was recently cut) was both more experienced and had been with the team longer.... Read More

If you signed the agreement under duress, which it appears that you did, it may be voidable.  Contact an attorney to help you.  My firm, www.generalcounsellaw.com has information about the legality of separation/severance agreements on our website.  Contact me at mgreen@gcpc.com with questions.... Read More

If this is valid leave that you were entitled to and took (it was benefit employer provided you), and you are not in negative leave situation, then it appears that the employer cannot make this deduction from your final pay.  Take a look at VA Code 40.1-29 (https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29).  Paragragh A discusses timing of payment.  Paragraph C discusses permitted deductions.  I would provide this information to the employer.  If they maintain that they are still going to make deduction, you could contact VA Department of Labor or local attorney to help you.... Read More

You need to obtain (if you don't have) and carefully review the ESOP Plan documents.  Therein the procedure to sell should be fully outlined.  Further, the previous employer should have plan adminstrator (or outside firm) who has fiduciary duty to assist you and answer any questions.  If you are not getting this assistance, contact an attorney to help.... Read More

While I'm not familiar with Virginia law in particular, in every jurisdiction of which I am aware, an employee can be fired for any reason, unless that reason is barred by statute (which may include not only such things as race, religion, etc. but also whistleblowing and possibly other things, but none seem applicable here) or by contract.  The contract can be a personal one, or a union contract, or can even arise through an employee manual (for example, if your employee manual provided that an employee could only be fired after a hearing with a three member team from management, you would probably have a good case) or possibly through the course of conduct, i.e. if you had been allowed to do this many times before, your employer might not be allowed to fire you over it now.  From what you've written, it seems as if your firing was unfair, but not illegal.... Read More

An attorney would need to review the terms of the non-compete agreement and find out more details about your new job in order to advise you.  Some non-competes are unenforceable, if they are overly broad.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

You can always get out of an employment contract; it's just a question of the consequences under the contract.  Depending on the contract’s language, you may be able to get out with fewer or no penalties based on the administrators’ behavior.  There may also be other provisions in there to worry about, including penalties for early resignations, noncompetition clauses, and “liquidated damages” provisions.  We can review the contract and advise you as to your options.  We can also investigate whether the administrators have unlawfully discriminated against you in any way.  Please call us to schedule a consultation.... Read More

While an employer can generally let you go for any reason or for no reason under "at will" employment, you may have a case for defamation against whoever made the defamatory statement.  You would have to be able to prove that the statement was made - it's best if if as in writing - and that it is false.  You listed your case under "employment contracts" - if you did in fact have an employment contract, that may mean you are not an at will employee and they cannot terminate you, except for cause. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I may be wrong, but I believe that every state is an at will state. Unless you have a contract (which can be an individual agreement, a union contract, or can arise from an employee handbook) which limits your employer's right to cut your compensation, or you believe that your employer discriminated against you, or was motivated to cut your pay, for a reason prohibited by statute (age, gender, religion, certain types of whistleblowers, etc.), you would not have a claim.... Read More

Virginia courts review noncompete agreements based on the time duration, geographic scope, and activities restricted.  If the agreement is overly broad, it’s unenforceable in its entirety.  These tend to be very fact-specific and depend on what your skills are as well as how big NewCompany is.   As this is a consultant contract, as opposed to an employee contract, the employer probably has the advantage.  Please call us to schedule a consultation.... Read More

If you were a true independent contractor, you are entitled by contract to be paid for the work you performed.  It is also possible that the employer characterized you as an independent contractor when you were actually an employee, in which case you would be entitled to overtime as well. Generally, we first try to settle these types of cases but will proceed with litigation if necessary. Please call us to schedule a consultation to explore these issues in detail.... Read More

Yes!  It does not matter how the hours are scheduled, if you are working more than 40 hours per week for an employer subject to the Fair Labor Standards Act (FLSA), which covers businesses with more than half a million dollars in gross annual revenues, then you should be getting paid time-and-and-half for any hours worked above 40 per week.  However, this will not apply if you are an exempt salaried employee. Some of the most common FLSA violations we see are where employees are being called "independent contractors" or hourly employees are being called "exempt" where they do not really meet the criteria for these categories.  If you think you might be miscategorized, please speak with an attorney to determine if your employer may be in violation of the FLSA. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

This depends on your job duties.  If your main role is teaching preschool, you may be exempt from the minimum wage and overtime laws as a “professional.”  If you are an aide or other type of administrative assistant, you may be entitled to overtime.  Further, if you are not exempt and are paid by the hour, as a matter of contract, the employer typically has to pay you for all hours worked, including the graduation, if the company requires you to be there.... Read More

In Virginia, this is purely a matter of company policy and practice.  If company policy says they pay out PTO upon termination, they have to pay you.  If policy says you don’t get PTO upon termination, they don’t have to pay you, unless it’s their practice (contrary to policy) to pay PTO to people in your situation or similar situations.  These questions get very fact-specific, so it may be helpful to schedule a consultation with us to get the details.... Read More

You can absolutely negotiate for more in the severance package.  If they were wrong to terminate you, that would entitle you to collect unemployment compensation, which they would probably like to avoid and they obviously would like to prevent you from competing with them, which they cannot do without your signature on this agreement.  That gives you a lot of leverage in negotiating for a better deal.  This is something that we assist with on a regular basis, so it is a good idea to talk with a lawyer and get some legal muscle on your side. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You can sue for breach of contract.  Most contracts do not have to be in writing to be enforceable, and (although I am not specifically with Virginia law) I don't think this one falls within any category of contracts required to be in writing. If the company is a separate legal entity, like a corporation or llc, you would have to sue it, but you may also be able to sue the person who signed the check personally for issuing a check knowing that there were insufficient funds to cover it.  You should be aware, however, that, even if you win, the defendant may not have the money to pay.  The fact that the check bounced is kind of a red flag.... Read More

Maybe.  Firing someone for redundancy and then hiring someone else for the spot can be evidence of pretext.  On the other hand, if they laid you off when business got bad, and then business got better to the point that they reopened the job several months later, that suggests the absence of pretext. Pretext matters in discrimination claims because it suggests that the employer’s supposed reason for firing you was not the real reason.  However, to make out a claim for discrimination (based on race, gender, religion, ethnicity, national origin, age, disability, military service, or other protected categories), it helps to have evidence that your supervisors had discriminatory attitudes toward members of that class of people.  Please call us to schedule a consultation so that we can work with you to identify possible evidence of discriminatory motive leading to your termination.... Read More

You do have to repay benefits already received in such a situation, but the amount you repay should not exceed the total amount of benefits you received before the new decision.  Depending on the appeal examiner’s reasoning, you may be able to appeal successfully.  Please call us to schedule a consultation so that we can get more information about the reasons for your termination.  If you were fired but not for misconduct, you are entitled to the unemployment benefits.  Please note the filing deadline on the back of the appeals examiner’s decision—typically 30 days from the date of mailing.  If you don’t file an appeal within that time period, the decision becomes final.... Read More

Your current employer has to pay you for all hours that you did work during that particular pay period.  If you are paid hourly, they just count the hours actually worked. If you are salaried, the usual amount may be reduced pro rata based on how many days you actually worked.  They generally don’t have to pay you outside their typical pay schedule, so if you are paid biweekly, you should be paid at the end of whatever two-week period during which you quit.... Read More

It depends on how the contract was worded.  Generally, in Virginia, a written contract will govern this type of situation, unless the contract contains obvious typographical errors, or you had verbal conversations with the employer at around the same time you signed the contract.  It also depends on whether the contract has what’s called an “integration clause.”You may have other potential claims which will give you leverage in negotiating the repayment down.  We can help you to identify those claims.  Please call us to schedule a consultation.... Read More

Federal law and of Virginia’s law of contracts require the employer to pay you for hours worked.  The Fair Labor Standards Act requires your employer to pay you regularly for all hours worked.  Contract law requires the employer to pay you the money you were promised at the beginning.  We can help you recover your unpaid wages from your employer.  Please call us to schedule a consultation.... Read More