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 Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis......

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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......

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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......

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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......

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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......

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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......

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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......

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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,......

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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......

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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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