Virginia Wrongful Termination Legal Questions

These types of cases are very important.  You should consider looking into a possible Qui Tam action under the False Claims Act. This answer 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

Severance agreements are a matter of pure contract, apart from a few required terms (reading and revocation periods under the Age Discrimination in Employment Act, for example).  That means if the agreement doesn’t have a deadline for you to sign it, you can accept it at any time until the employer withdraws it, which they can do at any time by notifying you of that.  The offer would eventually expire after a “reasonable” period of time, which a judge or jury would probably have to determine under Virginia law.Under the ADEA, the employer must give you at least 21 or 45 days, depending on the circumstances, to consider the agreement.  Even if the severance agreement requires you to sign within 21 days, the employer can always extend the deadline.... Read More

The statute itself states that actions are to be brought in the Circuit Court.  It goes on to say that you can make a claim for "actual damages" - that means the back pay that you are out due to the unlawful discharge.  Because the statute also allows for attorneys fees there is a very good chance you could get an attorney to handle this matter for you on a contingency basis, if you 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. 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

Virginia law makes it illegal to fire you for filing a worker’s compensation claim or intending to do so.  If you filed a worker’s compensation claim for this injury or told your employer that you were going to, and they fired you after that, please give us a call to schedule a consultation.In addition, if your company has more than 50 employees at the location where you work, you may be covered by the Family and Medical Leave Act.  Under that law, you would be entitled to 12 weeks of unpaid leave per year to address a serious medical condition, which might include your workplace injury, depending on its severity.  The company can’t discriminate against you based on the fact that you took FMLA leave.... Read More

The issues you discuss imply that you may have a serious health condition that could qualify for protection under the Federal Americans with Disabilities Act. Your state may have similar protections too. If your medical condition affects your ability to perform your job, you may be entitled to accommodations from your employer. The ADA covers employers with 15 or more employees, generally. State laws sometimes protect all employees regardless of the size of the employer. If you need accommodation in the workplace, you must tell your employer. Make the request and back it up with a note from your doctor that supports your request. I also recommend talking to the Job Accommodation Network, JAN, as they may be able to help you find appropriate accommodations. You can find JAN on the internet. Lastly, since the ADA and its protections are a bit complicated, you would be well served by talking to an attorney in your state that represents employees in disability discrimination matters to see what rights you may have in this situation that may help prevent an adverse employment action like termination. Gordon Leech, Attorney with the Consumer & Employment Law Center of Wisconsin... Read More

Under the ADA an employer must make a reasonable accommodation for a employee’s disability. Pregnancy is not a disability. It is unlawful to discriminate against an employee because of her pregnancy. I probably need more facts to evaluate this issue, but if you are not performing your duties, and the employer is not treating you any worse than non-pregnant employees, you would not have a 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. 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 will be able to appeal to the Virginia Unemployment Commisssion and make your case. There are two particularly important facts to know about this sort of case: One, the deadlines come up very fast on these cases and you have to be very careful.  You can lose your appeal easily by simply missing a deadline. Two, you are much more likely to be successful if you have an attorney.  People in your situation often do not want to spend any money on an attorney, but you can probably find someone who will work with you at a reasonable rate.  Losing at your appeals hearing means that you won't get unemployment and that will cost you far more than the cost of hiring an attorney. I hope that helps.   DISCLAIMER: This is not intended to be specific legal advice and should not be relied upon as such.  No attorney-client relationship is formed by this posting.... Read More

Unless you have an employment contract providing that termination can only be for cause, or is covered by a union collective bargaining agreement, I don't think there is any claim pursuant to the employment at will doctrine. You should file for unemployment benefits with the Virginia Employment Commission.    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