From Virginia Employer Law Blog

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......

Posted on April 12, 2017

Employee Wellness Program—Potential Risks Under ADA?

The Situation: You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire.  One of the incentives is that employees who......

Posted on April 5, 2017

Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination

The Situation: The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over......

Posted on March 29, 2017

Discrimination Based on Perceived Sexual Orientation??

The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks.......

Posted on March 22, 2017

Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim

The Situation: An employee begins working as a sales consultant and from the beginning, has serious performance issues.  She is given a number of warnings and even placed on an improvement......

Posted on March 15, 2017

Has Filing an EEOC Charge Just Gotten Easier?

The Situation: In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make......

Posted on March 8, 2017

Firing Six Weeks After Charge Enough to Show Retaliation?

The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan......

Posted on March 1, 2017

Can Hugging Be Hostile?

The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your......

Posted on February 22, 2017

Concerned About Protecting Your Trade Secrets?

The Situation: Something that many employers have in common is a concern about protecting their confidential information, particularly in this day and age, when job hopping is somewhat common.  Many employers......

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