It should be clear that when an employee engages in lawful, protected activity, an employer may not retaliate by firing the employee. Any subsequent firing must be based on separate and distinct conduct which warrants firing. A recently decided Fourth Circuit case, Carmack v. Commonwealth of Virginia, establishes that the passage of time may not
Tuesday, 28 May 2019 by Merritt Green
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
Thursday, 09 May 2019 by Merritt Green
The outline below was presented to Washington Executives Association on May 1, 2019. We thought it might be useful for employers, owners and managers to know what is involved in responding to workplace harassment or discrimination claims. If you need more guidance or information, Contact the employment law experts at General Counsel Law, PC.
This post was originally published in July, 2012. We’re re-posting in case you missed it. If your company’s non-compete agreement was not specifically tailored for business/employment relationship, it may be unenforceable In a 2012 decision regarding the enforceability of non-compete agreements, the U.S. District Court for the Eastern District of Virginia sent a reminder to
With Christmas around the corner, employers may be thinking about holiday bonuses for their employees. While such bonuses can help employers show employees appreciation, boost morale, and motivate employees, they may also have unexpected consequences. The biggest concern that may arise from employer holiday bonuses relates to the overtime pay rate for non-exempt employees. Under
Tagged under: Employee Bonuses
Monday, 29 October 2018 by Merritt Green
In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. Under the Act, consumer reporting agencies must provide “national security freezes” free of charge to consumers. These national security freezes restrict prospective lenders from obtaining access to a consumer’s credit report, making it harder for identity thieves to open fraudulent accounts.
Thursday, 04 October 2018 by Merritt Green
While many states have enacted legislation permitting marijuana use in some form (you can find more information on marijuana in the workplace in VA, MD, and D.C. here), marijuana use is still prohibited under federal law. Specifically, under the federal Controlled Substances Act, marijuana is prohibited as a Schedule 1 illegal drug. While the Americans
Friday, 21 September 2018 by Merritt Green
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
Tuesday, 03 July 2018 by Merritt Green
In a recently decided case, Update Inc. v. Samilow, the Eastern District of Virginia held that a non-compete agreement with a one-year duration and 50 miles from any office geographic scope was enforceable. There, the plaintiff, Update, Inc. (“Update”), employed defendant, Lawrence Samilow. Update provides eDiscovery and legal staffing services throughout the United States. Samilow