Level up on how different Virginia laws affect your business, and learn how we are continually improving our general counsel services to meet our clients’ needs

Case Law Update: Are Employers Liable for Employee Gossip?

Employer responsibility for employee rumors
A recent Fourth Circuit case decision could have wide-ranging implications for business owners throughout Virginia and should put employers on notice not to take workplace gossip lightly. Parker v. Reema Consulting Services, Inc., considers the question of whether a false rumor that a female employee slept with her male boss to obtain a promotion can
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Starting a Business in the Washington Metro Area

Starting a business in DC
This post was originally published in February, 2014. We’re re-posting in case you missed it.  Determining the Appropriate Business Entity–Should I Form an LLC or a Corporation? Every potential business owner and service provider should give serious consideration to forming a business entity when they start a business to limit his/her individual liability for the
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General Counsel, P.C. joins IR as the exclusive Employment Law (Corporate) Member in US – Virginia

We are proud to announce that our firm has joined IR Global as the exclusive member for Employment Law in Virginia (corporate). IR Global is the fastest growing professional service firm network in the world; providing legal, accountancy and financial advice to companies and individuals across 155+ jurisdictions. Our founder, Merritt Green, and General Counsel Law
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Marijuana in the Workplace Under D.C., Maryland, and Virginia Law

With so many states enacting legislation permitting marijuana use in some form, new questions have developed as to employers’ rights regarding marijuana use by employees. 30 states and the District of Columbia currently permit marijuana use for medicinal purposes. Of those states that allow medicinal marijuana, 9 states and the District of Columbia also permit
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Employment Law Update: New Approach to Determining Whether Employer Policies Violate the NLRA

The National Labor Relations Act (“NLRA”) serves to protect the rights of employees and employers while restricting certain management practices that may harm workers. The National Labor Relations Board (“NLRB”) is the federal agency that enforces the NLRA. Section 7 of the NLRA protects an employee’s right to engage in concerted activity, organize, and bargain
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Employment Law Update: Supreme Court Says Arbitration Requirements in Employment Agreements are Enforceable

A recent U.S. Supreme Court case, Epic Systems Corporation v. Lewis upheld employers’ use of class-action waivers in arbitration agreements. No. 16-285, 2018 WL 2292444, at *1 (U.S. May 21, 2018). Based on this ruling, employees that have signed such agreements are no longer able to join together to sue employers and instead must use
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What Should I Consider During a Business Divorce?

Business relationships fail for many different reasons:  business partners may have long-term disagreements, a change in leadership, or simply a desire to go in different directions. Even successful businesses may have to deal with business divorce issues if business partners decide that the benefits of continuing their business relationship are outweighed by the costs accompanying
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Employment Law Update: New Test for Determining if California Workers are Employees or Independent Contractors

Summary:  California Supreme Court has established a new standard that makes it much more likely that workers will be W-2 Employees – not 1099 Contactors. The distinction between a 1099 independent contractor and a W-2 employee is an important one, as this classification affects both federal and state tax issues, and it is important that
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What is the Difference Between a 1099 Independent Contractor and a W-2 Employee?

The distinction between a 1099 independent contractor and a W-2 employee is an important one, as this classification affects federal income tax, social security and Medicare taxes, as well as impacts eligibility for Medicare benefits. It is important that business owners correctly determine whether individuals are employees or self-employed. If a company misclassifies a worker
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Public Policy Exception to At-Will Employment Doctrine in Virginia

In Virginia, employment relationships are presumed to be “at will,” which means that the employment term extends for an indefinite period and may be terminated by either party for any reason, or no reason at all, upon reasonable notice. Virginia courts “have strenuously adhered” to the presumption of at-will employment. See Nguyen v.CNA Corp., 44 F.3d
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Unlawful Retaliation: How to reduce our exposure and protect our employees?

It is imperative for employers to be aware of the law on unlawful retaliation and its implications on their business practices and workplace. Title VII of the Civil Rights Act of 1964 declares it unlawful for an employer to discriminate against an employee because he/she opposed any unlawful employment practice or made any charge, testified
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Personal Liability for Corporate Obligations – How to Avoid Piercing the Corporate Veil

When individuals form business entities, generally they choose entities that allow them to limit their personal liability, leaving only the entities’ assets vulnerable to lawsuits. For corporations and Limited Liability Companies (LLC), the business entities are separate from the corporate officers and shareholders (or LLC members), and these individuals are typically not liable for the
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Minority Shareholder Rights in Virginia

In Virginia, a court may order that a corporation be dissolved by its shareholders if the directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent. While Virginia law does not specify what conduct by majority shareholders constitutes oppression, courts have
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Wells Fargo False Accounts Scandal

Poor Culture, Misaligned Incentives and Massive Fines… Lessons for Businesses of Every Size “Many of the employees felt pressure to sell customers multiple products or services… to stay in their jobs or earn bonuses tied to sales goals… branch employees met with their managers several times a day to report their progress on meeting cross-selling
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