Employment and Labor Law Attorneys

Virginia Employment Law | Roanoke, Virginia

The words "employment law" cover a wide array of factual scenarios and laws. Many cases involve mixed claims incorporating complex federal statutes alongside state contract or tort law. The following is a list of some of the most common laws that we use as leverage in advocating upon your behalf:

Doctor / Physician Contract Review

Employment contracts are a necessary factor in American healthcare. If you are a healthcare provider in Virginia, including but not limited to the Roanoke, Richmond, and Charlottesville areas, and you have been offered a contract, Virginia Employment Law attorneys can review the contract and provide a detailed assessment. In addition, we are poised to negotiate better terms on your behalf should that be required. We can help you navigate many issues and questions, including the following: Is the hospital abusing on-call requirements? Is the RVU productivity assessment fairly weighing your work performance? Are your goals manageable? Are you being compensated at a fair market rate for the services you offer? Let Virginia Employment Law help you position yourself and your medical practice for success. Related Read More

Title VII of the Civil Rights Act ("Title VII")

This powerful federal law, often referred to as "Title VII," protects the rights of workers who have been discriminated against based upon a protected class. This encompasses such claims as severe and pervasive hostile work environments, Read More

Fair Labor Standards Act ("FLSA")

The Fair Labor Standards Act — or FLSA — is the federal law requiring that workers be paid a minimum wage and overtime wages. It sounds simple, right? Not quite. The FLSA has numerous regulations regarding categories of employees and the available exemptions under the law. Some consider it to be the most "over legislated" body of law in the employment law area. Read More

Age Discrimination in Employment Act ("ADEA") & Older Workers Benefit Protection Act

The Age Discrimination in Employment Act — or ADEA — and the Older Workers Benefit Protection Act — or OWBPA — protect the rights of workers over the age of forty. Read More

Americans with Disabilities Act ("ADA")

The Americans with Disabilities Act — or ADA — is the law that protects disabled employees from workplace discrimination. If you have a disability as defined by the Act, then your are within the protected class. Read More

Employee Retirement Income Security Act ("ERISA")

The Employee Retirement Income Security Act — or ERISA — is the federal law that protects your retirement plan and ability to utilize your employer's offered insurance plans. In short, it is the law that protects your benefits. Read More

Family Medical Leave Act ("FMLA")

The Family Medical Leave Act — or FMLA — protects the rights of workers with serious health conditions or workers who have family members with serious health conditions. In Virginia, FMLA leave is the only type of protected leave outside of military deployment or the rare "leave as an accommodation" under the Americans with Disabilities Act. Read More

Fair Credit Reporting Act ("FCRA")

In the digital age our credit history can be more important than even a criminal history in the employment context. Employers frequently utilize consumer credit checks before making hiring decisions. The Fair Credit Report Act — or FCRA — protects you and the validity of your credit information. You may possess a retaliation claim if your employer terminates you unlawfully under the FCRA. Read More

Uniformed Services Employment and Reemployment Rights Act ("USERRA")

Some say that USERRA is the most powerful employment law in the nation. This federal law prohibits discrimination and retaliation against members of the military who must take leave to serve our country. Under most conditions, active military personnel are entitled to their position upon return from deployment. Further, USERRA provides more powerful disability protection than the Americans with Disabilities Act for military personnel who are convalescing from service-related injuries or who may need an accommodation at the workplace. USERRA requires no prior administrative steps to advance a claim. Contact Virginia Employment Law for a consultation. Related Read More

Whistleblower Acts and Bowman Claims

There exist numerous federal and state statutes that protect whistleblowers and also allow a whistleblower to share in a portion of any collection gained due to the claim. The statutes that allow an individual to participate in such an action are varied. Many of these statutes regard fraudulent activity involving taxpayer dollars. For example, a whistleblower may possess a claim known as a Qui Tam action if they possess evidence that the defendant has accepted Medicare funds under false pretenses. Another type of whistleblower statute addresses being terminated at the workplace for making complaints about dangerous workplace conditions. A Bowman claim is a Virginia law action in which an employee suffers retaliation for refusing to participate in illegal activity. Filing deadlines and administrative prerequisites for advancing a claim are as varied as the laws themselves. As with everything in this area of the law, the sooner Virginia Employment Law is made aware of your claim, the sooner we can help you. Related Read More

Worker Adjustment and Retraining Notification Act ("WARN")

The aptly named WARN Act requires that employers of certain sizes provide advance written notice of large layoffs. The Act also provides for payment of services rendered up until the last day worked. If you have received notice of a large reduction in force or if your company is closing its doors, you have rights under the WARN Act. Contact Virginia Employment Law for a consultation. Related Read More

National Labor Relations Act ("NLRA")

If you are currently in a union, work for an employer that utilizes a collective bargaining agreement, or are actively engaged in forming a union at your workplace, the National Labor Relations Act, or NLRA, provides rights and protections. For better or for worse, unions are an integral part of our nation’s workforce. The NLRA allows employees to pursue matters in federal court when unionized labor is present. Your union may be an advocate for you, but your union also represents many other employees. Further, your union officials all work for your employer and neither they nor the union as a whole will want to disrupt the union/employer relationship. Business must continue despite your grievance. If you want representation that caters just to you as an individual, contact Virginia Employment Law for a consultation. In the past we have initiated numerous actions not only against employers, but also against unions that failed to advocate for their members. Related Read More

Employment Contracts / Severance Agreements

Are you being compensated fairly for your experience and skills? Does your employment agreement contain onerous terms in a non-compete clause? Our attorneys frequently negotiate employment and severance agreements for our clients. If you have been presented with an employment agreement or severance agreement and would like legal advice, contact Virginia Employment Law for a consultation. We give special discounts to health care providers when reviewing contracts and severance packages. Related Read More

Unemployment Benefits

You are entitled to unemployment benefits if you were terminated at work and (1) you were not guilty of workplace misconduct; and (2) if you left voluntarily, you had good reason to do so. Determinations regarding unemployment benefits in Virginia is determined by the Virginia Employment Commission. If you would like guidance through the VEC process or need help from an employment attorney in securing your benefits, contact Virginia Employment Law for a consultation. Related Read More

The Virginia Values Act

The VVA, which went into effect on July 1, 2020, essentially revises and reinvigorates the formerly toothless Virginia Human Rights Act (previously only applying to employers with between 5 and 15 employees and providing precious few remedies within the previous private right of action ). The VVA creates a private cause of action against employers with 15 or more employees in most instances (in some situations, such as employees who were discriminatorily terminated from employment, 5 employees is sufficient) and, of particular note, prohibits discrimination on the basis of sexual orientation and gender identity in housing, public and private employment, public accommodations, and access to credit. VVA legislation also extends important protections to Virginians on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (lactation included), age, marital status, disability, and status as a veteran. However, before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights (“DHR”), participate in an administrative process, and receive a notice of right to commence a civil action. This tracks with the similar requirement under many federal laws (such as Title VII), which require a complainant to file a charge with the Equal Employment Opportunity Commission (“EEOC”), participate in the administrative investigative process, and receive a notice of right to sue prior to filing suit in a federal district court. Related Read More