From Virginia Employer Law Blog

Posted on June 21, 2017

My Employee Badmouthed me on Glassdoor—Can I Fire Him?

The Situation: One of your employees says some negative things about your company on You end up firing him shortly after his bad comments.  Does this give him a basis......

Posted on June 14, 2017

What Can you Ask about an Employee’s Medications?

The Situation: One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells......

Posted on June 8, 2017

So What Exactly Can You Say About a Terminated Employee?

The Situation: You have an employee who you just do not think is the best person for his position.  After trying to address the deficiencies in his performance, you end......

Posted on May 31, 2017

Is Gender Dysphoria a Disability Under ADA?

The Situation: An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with......

Posted on May 24, 2017

Is Telling Someone You Want to Maximize Longevity a Bad Idea?

The Situation: A 60 year old man applies to be a General Manager of a restaurant after spending over twenty years in the restaurant industry, a number of which were served......

Posted on May 17, 2017

Duane Reade Settles FLSA Collective Action for $13.5 Million—But Can’t Make Plaintiffs’ Counsel Keep Quiet About It?

The Situation: A group of employees brings a FLSA collective action against an employer, claiming they were misclassified as exempt and denied overtime pay over a number of years.  After many......

Posted on May 11, 2017

Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

The Situation: A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she......

Posted on May 3, 2017

FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?

The Situation: An employee requests and is approved for FMLA leave based on a mental health condition.  While she is out, she accumulates a backlog of work. According to her supervisor,......

Posted on April 26, 2017

Calling Your Boss a Nasty Motherf**ker is Protected Activity?

The Situation: An employee has a problem with the way he has been treated by a supervisor and decides to share his disdain for him on Facebook—calling the supervisor a “nasty......

Posted on April 19, 2017

Even if Staffing Company is Paying Employees, You Could be on the Hook for Unpaid Wages

The Situation: You go through a temporary staffing company for a certain group of employees and that company takes care of paying the employees. If the staffing company fails to properly......

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