Virginia Employer Law

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 the employee he cannot take that medication on the job. Is there anything wrong with his conduct?

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So What Exactly Can You Say About a Terminated Employee?

the situation You have an employee who is struggling to meet performance goals.  After trying to address the deficiencies in his performance, you end up concluding that it just is not a good fit. You give the employee a termination notice, deciding that it is preferable to just cut your losses.  So what exactly can […]

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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 a female name.  Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female.  The employee’s […]

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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 in a managerial capacity. After interviewing the applicant over the phone, the hiring manager decides to bring him in for a face-to-face interview with […]

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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 years of litigation, the employer is able to reach a resolution, agreeing to pay the plaintiffs millions.  Of course, the lawyers who represented the […]

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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 is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]

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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, after she returns, she continues to have performance problems, including not meeting certain metrics and otherwise just not meeting his standards.  Based on a […]

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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 motherf**ker” and also saying “F*ck his mother” and “f*ck his whole family!”  Is this not a proper basis for termination?

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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 pay these employees, what type of consequences could you face?

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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 complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance.  An employee raises concerns about the […]

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