Virginia Supreme Court Offers Additional Guidance on Defamation Standard

In Bryant-Shannon v. Hampton Roads Community Actions Program, Inc., the Virginia Supreme Court provided additional guidance on the requisite “sting” needed for a statement to be defamatory. The case lays out when a statement is “actionable” and provides examples of statements made in the workplace the court previously determined were not defamatory, because they didn’t
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Ask General Counsel: Are non-compete agreements enforceable in Virginia?

Changes to laws regarding non-compete agreements
Published by Ask General Counsel on InsideNova, 4/28/2021 A well-drafted non-compete agreement can be enforceable. The problem is that many non-compete agreements are not “well drafted” and, as such, are not enforceable. On a weekly basis, we receive calls from employers and employees asking about the enforceability of non-competition agreements. Our answer, generally, is YES,
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Western District of Virginia Dismisses Case After Plaintiff Destroys Evidence

In a recent case, the Western District of Virginia dismissed a case after the plaintiff destroyed evidence, resulting in a significant disadvantage to the defendant and hindering fair adjudication. This case should be a cautionary tale, warning of the serious consequences that can result from destroying or not properly preserving evidence. If you are in
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Ask General Counsel: Can employers require employees to receive COVID-19 vaccinations?

Published by Ask General Counsel on InsideNova, 4/13/2021 Can employers require employees to receive COVID-19 vaccinations? Yes, with some exceptions and if the mandatory vaccine policy is job-related and consistent with business necessity. The Equal Employment Opportunity Commission (“EEOC”) issued new guidance that preemptively answers some questions that may arise now that COVID-19 vaccinations are beginning to
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2021 NDAA Makes Important Changes to Past Performance Evaluations for Small Businesses

The National Defense Authorization Act for Fiscal Year 2021 (“NDAA”) took some significant steps to help small businesses make the leap from subcontracting to becoming a Prime. Having been an in-house counsel at some small businesses and going through the struggle of identifying the best past performance reference, I understand just how important these rule
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Employers Should Have A COVID-19 Vaccine Policy

Now that COVID-19 vaccines are becoming available, employers may be considering whether or not to ask, or even require, employees to be vaccinated. It’s important for employers to consider what makes the most sense for their business, based on contact with the public, level of risk, and other factors, and then institute a clear policy.
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Department of Labor Clarifies Test for Classifying Employees and Independent Contractors under FLSA

The line between employee and independent contractor has historically been unclear. However, on January 6, the Department of Labor (DOL) provided clarification on the test for employee versus independent contractor under the Fair Labor Standards Act (FLSA). The “final rule” streamlines and clarifies the test and should “reduce worker misclassification, reduce litigation, increase efficiency, and
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Paycheck Protection Program Round 2: Business Eligibility

Payroll Protection Program Round 2 Eligibility Requirements
Congress recently passed a $900 billion COVID-19 relief bill, the Consolidated Appropriations Act, 2021, which included funds for another round of the Paycheck Protection Program (PPP). The new round of PPP is similar to the first round, but the bill includes some important differences. These new PPP loans will be available through March 31, 2021.
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Client Alert: EEOC Guidance regarding COVID Vaccine

With the availability of the COVID-19 vaccinations, questions may arise regarding employer and employee rights surrounding these vaccinations and the applicability of various employment laws. The Equal Employment Opportunity Commission (“EEOC”) issued new guidance that preemptively answers some questions that may arise now that COVID-19 vaccinations are beginning to be administered.  Relevant portions of the
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6 Reasons Business Owners should NOT serve as the Registered Agent for their Business.

Businesses in Virginia are required to have a registered office and registered agent.  Many business owners serve as the registered agent and use their home as the registered office.  That may be a bad idea.  You should consider using General Counsel, P.C.    Here are Six Reasons Why     #1. Safety The registered office is
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Business Break-Ups Can Be Complicated – Valuation of Corporate Shares

Business Break-Ups or Business Divorces occur when business owners can no longer agree on operations or future of a company.  As we wrote in this article, What Should I Consider During a Business Divorce, messy (and expensive) business break-ups can be minimized or avoided by careful planning. In a recent case, the plaintiff shareholder filed
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Top Five Reasons Virginia Employers Need to Review/Update Their Restrictive Covenant Agreements

Recent changes in employment law and changes to the economy and workplace in general, due to the coronavirus pandemic, may require some employers to update their employment agreements and restricted covenant agreements. Discussed below are the top five reasons employers may wish to review and update their restrictive covenant agreements. #1. No longer applicable to
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McLean, VA. Based Law Firm General Counsel, P.C. Announces First Generation Law Student Scholarship Winners

First Generation Law Student Scholarship
Remembering the Past, Building the Future McLean, VA. —General Counsel, P.C., one of Northern Virginia’s top business law firms, announced the 2020 recipients of the firm’s third annual First Generation Law Student Scholarship. The scholarship is open to high-achieving 2nd year law students who are the first in their family to attend law school. The 2020 winners are Christopher
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Eastern District of Virginia Finds Evidence of Age Discrimination After Forcing Employee to Resign Following Derogatory Age-Related Comments

Age Discrimination
In a recent case, the Eastern District of Virginia found evidence of age discrimination by an employer after an employee was forced to resign following age-related comments. Although the plaintiff here had multiple examples of unprofessional conduct that could have constituted a legitimate basis for termination, the employer did not take an adverse employment action
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Fourth Circuit Dismisses Race Discrimination Case, but Finds Potential Retaliation

Firing as possible retaliation
In a recent case, the Federal Fourth Circuit Court of Appeals dismissed a claim of racial discrimination, but found that there may be sufficient evidence of retaliatory termination. When the plaintiff was terminated two weeks after speaking with her employer about discriminatory conduct, the court determined that the time frame constituted a “close temporal proximity”
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Working Foremen: FLSA Exempt or Not

Foreman and worker - Exemption
Many businesses often have “working foremen.”  These are individuals who often have dual responsibilities.  They may work along side other workers, but they may also have customer oversight and/or management responsibilities.  So, the question arises should they be paid as exempt (salary) or non-exempt (hourly) employees.  Improper classification can result in lawsuits and, potentially, significant
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Virginia Court Orders Defendant to Pay Fees After Deleting Evidence

Defendant loses court case
In a recent case, the Fairfax County Circuit Court ordered the defendant to pay over $140,000 in costs and attorneys’ fees after deleting evidence. There, a dentist sued a fellow dentist for defamation and the defendant deleted digital data related to the defamation. The court held that the defendant engaged in “reckless” spoilation of evidence
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Virginia COVID 19 Standard with VOSH Program Manager, Tracy Michaud (Virginia Occupational Safety and Health Program)

Covid 19 Employer Saftey Requirements with Virginia Occupational Safety & Health Program Manager Tracy Michaud
Join Tracy Michaud, Consultation Program Manager with Virginia Occupational Safety and Health (VOSH), and host, Merritt Green, with the law firm General Counsel, P.C., for discussion of Virginia’s Emergency Temporary Standard for COVID-19 Pandemic. Ms. Michaud and Mr. Green will discuss: 1. Overview of VOSH Emergency Temporary Standard 2. VOSH Response (including enforcement actions) 3.
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COVID 19 Business Leaders Survive and Thrive Webinar 10 29 2020

General Counsel Recorded Webinar
Hear business leaders discuss how they are surviving and thriving through the Covid-19 pandemic. Covid-19 has forced businesses to change and adapt. Business leaders will discuss lessons helping them and their clients survive and thrive. Hosted by Merritt Green with the law firm General Counsel, P.C., speakers include: Mark Stevenson, Founder/CEO, SmartHR; Russell Rowzie, President,
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Leesburg Man Arrested for $2.5M CARES Act Loan Fraud

Leesburg man arrested for $2.5M CARES Act Loan Fraud
In an October 20, 2020 Press Release, the Department of Justice announced that Didier Kindambu, was arrested on charges of fraudulently obtaining over $2.5 million in loans through the CARES Act Paycheck Protection Program (PPP) for his businesses Papillon Air, Inc. and Papillon Holdings.  It is alleged that Kindambu created fraudulent payroll documentation and submitted
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