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Firing as possible retaliation

Fourth Circuit Dismisses Race Discrimination Case, but Finds Potential 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”
Foreman and worker - Exemption

Working Foremen: FLSA Exempt or Not

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
Defendant loses court case

Virginia Court Orders Defendant to Pay Fees After Deleting Evidence

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
Covid 19 Employer Saftey Requirements with Virginia Occupational Safety & Health Program Manager Tracy Michaud

Virginia COVID 19 Standard with VOSH Program Manager, Tracy Michaud (Virginia Occupational Safety and Health Program)

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.
General Counsel Recorded Webinar

COVID 19 Business Leaders Survive and Thrive Webinar 10 29 2020

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,
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
Covid-19 Workplace Sign for Virginia

Do you need mask signs for your business? Here are a few.

Download and print any of these signs for your business. Wear-a-Mask-Posters Media Shareable- You May Not Know You’re Sick Media Shareable- Show The World You Care Media Shareable- Make Sure They Fit Media Shareable-It’s Easy to Make Your Own Media Shareable-Protect Us All Media Shareable-It Can Save Lives Media Shareable-Stay Home As Much As You
Covid-19 Cases Virginia Occupational, Safety, Health (VOSH) as of 10-21-2020

COVID-19 Closed Virginia Occupational Safety and Health (VOSH) Cases (9/1-10/20)

  Download this document summarizing the Covid-19 Cases Closed by Virginia Occupational Safety and Health Administration as of October 20, 2020.Covid-19 Cases Closed by Virginia Occupational Safety and Health Administration as of October 20, 2020.
Politics in the workplace

Politics in the Workplace: Employer and Employee Rights

With an election quickly approaching, employers may be wondering how much political talk amongst employees they should allow. Such discussions may distract workers from completing tasks as well as create or increase tension or discord between coworkers. Moreover, many issues discussed during campaigning involve topics that are protected under various statutes. For example, many political
Former employee violating non-solicitation agreement

Virginia Court Grants Injunctive Relief in Case of Financial Advisor Non-Solicitation Agreement: Is Your Employment Agreement Right for Your Business?

In a recent case, the Western District of Virginia found in favor of the employer plaintiff, granting a motion for injunctive relief enjoining the defendant’s prior employee from soliciting clients in violation of a non-solicitation agreement. There, the court found the employer was likely to succeed on the merits of the underlying breach of contract
Virginia Emrgency Covid-19 Mandatory Standard for Employers

Back To Work – A Complimentary Employment Law Series Part 3

General Counsel, P.C. Back To Work Complimentary Employment Law Part Three As employers gradually reopen, have employees return to the workplace, or simply continue to struggle through remote working, there is tremendous confusion as to the rights and responsibilities of employers and employees.  The Back to Work Webinar Series will hopefully clarify and provide guidance to employers.
fraud, statutory business conspiracy

Investors’ Claims against LLC Founders Fail for Lack of Standing and Improperly Identifying Parties

Johnson v. Bella Gravida, LLC Jason Wilson and Christa Evans (“Defendants”) cofounded a clothing company, Bella Gravida, LLC, of which Evans was also the CEO and manager. Bella Gravida was marketed as a monthly subscription service for maternity clothing. In 2015, Stephen and Ann Johnson (“Plaintiffs”) signed a Membership Unit Purchase Agreement (“Agreement”), exchanging $30,000
Washington DC Employment Law Update

D.C. Employment Law Updates – August 2020

On August 31, 2020, the District of Columbia passed Act 23-407. This new law amended parts of the Tipped Wage Workers Fairness Amendment Act of 2018, passed October 23, 2018.  Under Act 23-407, within 120 days of the effective day of the Act, the mayor must provide to employers a poster informing employees of certain
General Counsel Recorded Webinar

Virginia Temporary (Covid-19) Emergency Standard for Employers 09 15 2020

Pursuant to Virginia’s COVID-19 Emergency Temporary Standard passed by the Virginia Department of Labor and Industry, all employers in Virginia must take certain actions to comply with the Standard. We’ve provided brief webinar for Virginia Employers to understand what this statute is, why it is important to you and how to get your business compliant

How Can You Comply with Virginia’s MANDATORY COVID-19 Emergency Temporary Standard?

Learn How in This Webinar! Recorded Sep 15, 2020 at 12:30 PM EDT. This Webinar provided an overview of the Virginia Emergency Temporary Standard and discuss the Virginia Emergency Standard Forms Generator (VES Forms Generator) (www.covidcomplianceplans.com), to help Employers easily and inexpensively create the tools to comply with the Emergency Temporary Standard.
Employer Regulations for Covid-19

District of Columbia Passes New COVID-19 Regulations for Employers

D.C. recently passed the Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020. The order requires employers, for the duration of the public health emergency, to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19” in accordance with Mayor’s Order 2020-080. The Act also prohibits employers from retaliating
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