Virginia Employment Legal Questions

Yes, if you have specific comments that were made about you that were statements of FACT, as opposed to statements of OPINION, and those statements of FACT are provably false, then you may have a viable claim for defamation per se.  The "per se" part arises because the statements were presumably made concerning your ability to conduct your chosen trade, profession, etc.  That is important because it means that you do not have to prove your actual damages; the jury is entitled to presume that you were damaged and award you damages.  In addition, if we can prove that the statements made about you were made with knowledge of their falsity or with reckless disregard for their truth or falsity, then you could be awarded up to $350,000 in punitive damages-in addition to any compensatory damages, which in and of themselves could be very substantial.  Depending on the statements and other surrounding circumstances, you may have a good case. 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. ... Read More

Employees, their covered spouses and dependant children must be given notices of their rights under COBRA at the time coverage under the employer's health care plan would otherwise end due to termination of employment or certain other specified events. Failure to provide timely and accurate notices to plan participants as required by COBRA can result in a court imposed civil penalty on the plan administrator of up to $110 per day which would be payable to each affected plan participant for the period of noncompliance. This penalty would be in addition to any damages imposed on the employer for failure to provide the medical coverage mandated by COBRA, including attorney's fees and court costs expended to enforce these rights under COBRA. In a number of cases the federal courts have imposed these civil penalties in order to stress the importance of compliance with the COBRA notice requirements even when the plan participant did not suffer actual harm or the violation was unintentional. See, e.g., Scott v. Suncoast Beverage Sales, Ltd., 295 F.3d 1223 (11th Cir. 2002) and Chenoweth v. Wal-Mart Stores, Inc., 159 F. Supp. 1032 (S.D. Ohio 2002). In a 1996 case within the Fourth Circuit Court of Appeals, our federal circuit, the district court imposed damages of $122,808 for reimbursement of medical expenses and $18,151 in attorneys' fees based on the failure of the employer (as plan administrator) to provide the COBRA notice.      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. ... Read More

No, not unless you have signed something that restricts your right to work for another employer in the same business.  These are usually called "covenants not to compete" or "confidentiality agreements" and they can prevent an employee of "company A" from going to work in the same or a similar capacity for "company B" where the employee could use confidential business information of "company A" for the benefit of "company B" and therefore harm the business of "company A".  If you haven't signed a confidentiality agreement or covenant not to compete, and don't have an employment contract, your former employer usually has no legal recourse if you go to work for someone else.... Read More

Probably not.  Most pensions are regulated by federal law (the Employee Retirement Income Security Act; ERISA).  Even where the employer makes all of the contributions, the employee becomes "vested" over a period of time.  How long it takes to become "vested" depends in part on the terms of the "Plan Documents" which create the pension plan.  In your case, you should be fully vested.  Therefore, if your employment ends you should not lose your pension.  However, that may not mean you can withdraw the funds immediately.  Again, your access to the funds in the plan depends both on federal law and the terms of the plan. You might want to ask your employer to give you the "Summary Plan Description" for the pension plan.  The SPD is a booklet which generally explains the terms of the plan, your rights, vesting, etc.  That is a good place to start in answering your questions.... Read More