Severance Agreements in Virginia

By Kimberly H. Berry, Esq., www.berrylegal.com

In Virginia, most employees are considered “at will,” which generally means they can be terminated or resign at any time. Even if they are “at will,” when an employee’s employment ends, an employer may offer severance to an employee in exchange for the employee’s waiver of his / her rights, including the right to file suit for any work-related issues. In Virginia, in the absence of an employment contract, an employer usually has no obligation to provide an employee severance pay. If severance pay is offered, an employer will almost always provide the employee with a severance agreement. It is important to obtain legal advice before signing such an agreement.

This article discusses severance agreements in the Commonwealth of Virginia and some issues associated with them for employees.

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Reasonable Accommodation Process for Virginia Employees

By John V. Berry, Esq., www.berrylegal.com

Several Virginia employees have come to us to discuss the reasonable accommodation process when they develop a medical condition or disability that requires a change in their duties or other workplace adjustments in order for them to continue their employment. Our law firm represents private, federal, state, and county sector employees throughout the Commonwealth of Virginia in reasonable accommodation cases.

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Wrongful Termination Issues for Employees in Virginia

By John V. Berry, Esq., www.berrylegal.com

We often meet with individuals that believe that they have been wrongfully terminated from their employer in Virginia. When dealing with these types of employment issues, it is important to seek out the advice of a Virginia employment lawyer knowledgeable in these areas of law. This article discusses the rights and issues associated with wrongful termination for Virginia employees.

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Workplace Investigations in Virginia

By John V. Berry, Esq.,www.berrylegal.com

Our law firm has represented both employees and employers in Virginia in connection with employment investigations involving employee alleged misconduct. This article talks about the issues involved when an employer conducts an investigation in the workplace.

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Social Media Tips for Virginia Employees

By John V. Berry, Esq., www.berrylegal.com

Over the last several years in our employment law practice in Virginia, we have been advising employees on the proper use of social media in connection with their duties as an employee. Social media is one of the most unique and changing areas of employment law today. This article provides some basic tips for employees and a summary of their current rights in Virginia.

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Potential New Virginia Employment Laws

By John V. Berry, Esq., www.berrylegal.com

There are a number of states which serve as laboratories for new types of employment laws that eventually may make it to the Commonwealth of Virginia and other jurisdictions. As we go through 2018, there are a number of new employment laws and bills that have been proposed or enacted by different states to improve employment conditions for employees. It should be interesting to see which ones eventually get enacted by Virginia or other counties and municipalities. Many of these laws take a few years to develop and get introduced in some form in Virginia. This article discusses them.

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Workplace Investigations for Virginia Employees

By Kimberly H. Berry, Esq., www.berrylegal.com
When an employee has been accused of engaging in workplace misconduct, the employer will sometimes conduct an administrative or internal investigation. Some reasons why employers investigate employees include discrimination complaints, threats against others, safety problems, and workplace theft.  This article focuses on workplace investigations in the Commonwealth of Virginia.

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Problems with Non-Compete Agreements for Employers and Independent Contractors in Virginia

By Kimberly H. Berry, Esq., www.berrylegal.com

An interesting question that has arisen recently is whether Virginia employers can use non-compete agreements with independent contractors. The answer is not entirely clear. There are many potential pitfalls for both the independent contractors that sign such agreements and the employers that attempt to enforce them. An employer may discover that its fully executed non-compete agreement with an independent contractor is unenforceable, but also subject itself to significant liability for misclassifying an employee.

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Wrongful Termination for Virginia Employees

By Kimberly H. Berry, www.berrylegal.com

It is very difficult for an employee to be called into a supervisor’s office or to the human resources office unexpectedly and be informed that his/her employment has been terminated. Even if somewhat expected, it is almost always a shock to the employee when it happens.  Following the notice of termination, usually the employee is escorted out of their building and is faced with a sense of bewilderment and loss.  They may not even have time to gather their belongings. Continue reading

Employee Leave for Virginia Employees

By John V. Berry, Esq., www.berrylegal.com

The following is an article on leave laws and rules that cover Virginia employees. Leave issues generally tend to come up either during the course of an employee’s employment or immediately following the end of an individual’s employment. Leave laws and regulations also vary by the type of employer and jurisdiction of the employer. For instance, federal, state, county and private sector employers have different laws and rules governing leave.

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