LABOR AND EMPLOYMENT LAW COUNSEL FOR DC AREA BUSINESSES AND BEYOND
At General Counsel, P.C., our attorneys have extensive experience in representing a wide range of local, regional and national companies. We are particularly sensitive to the needs of government contractors and emerging growth businesses. We strive to be your company’s best asset by assisting your company in instituting preventative policies and procedures from Day One of your company. Our knowledgeable lawyers provide comprehensive legal advice through all aspects of labor and employment law as it relates to your company.

Failure to Accommodate and Retaliation – Mitigating Factors and Lessons for Employers

Failure to Accommodate To maintain a claim for failure to accommodate under the Americans with Disabilities Act (ADA), a plaintiff must prove that (1) they qualify as an individual with a disability as defined in the ADA, (2) their employer had notice of their disability, (3) they can perform the essential functions of their job
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Employers Beware: Virginia Court Finds for Plaintiff in Recent Age Discrimination Retaliation Case

In a recent case, the Western District of Virginia found for a plaintiff who claimed her employer retaliated against her for speaking out about age discrimination. There, management at the employer company made multiple age-related remarks to employees and eventually terminated an employee who spoke out about perceived age discrimination. Employers should view this as
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D.C. Employment Update: Proving Title VII Employment Discrimination No Longer Requires Showing of Tangible Harm following Request or Denial of Job Transfer

In a June 3 decision that impacts D.C. employers, the U.S. Court of Appeals for the D.C. Circuit overruled its own precedent, holding that discriminatory job transfers are actionable under Title VII of the Civil Rights Act of 1964. The Court held that where an employer denies an employee’s request for a job transfer because
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Virginia Court Finds for Employer After Employee Theft of Company Intellectual Property

In a recent case, the District Court for the Western District of Virginia found in favor of an employer when a former employee downloaded, without permission, over a thousand files containing employer trade secret and confidential information from his company-issued tablet onto a personal hard drive to form a competing business. The court found that
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Ask General Counsel: How to prepare to compete while still employed

Published by Ask General Counsel on InsideNova, 11/23/02021 Image from Inside Nova Employees must be careful when preparing to compete against their current employer.  If done incorrectly, the employee could face lawsuits and significant monetary damage claims.  Accordingly, it is vitally important that employees are careful to abide by all contractual and other legal obligations
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Fourth Circuit Denies Employer’s Motion to Dismiss Employee’s Retaliation

In a recent case, the Fourth Circuit found that an employee’s retaliation claims against a former employer were sufficient to survive a motion to dismiss (while dismissing the plaintiff’s discrimination allegations). This case may offer guidance to other employers regarding what to expect at the motion to dismiss stage of discrimination proceedings. A motion to
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Fourth Circuit Finds for Employer in Race Discrimination Case

In a recent case, Dawson v. Washington Gas Light Company, the court found for an employer when an employee filed claims of race discrimination, retaliation, and hostile work environment. While this case was decided on a particular set of facts, the ruling may offer guidance to other employers or similar circumstances. Dawson v. Washington Gas
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DC BAN ON NON-COMPETE AGREEMENTS PENDING CONGRESSIONAL REVIEW, WILL PROHIBIT MOST NON-COMPETES AND ANTI-MOONLIGHTING POLICIES IN DC IF ENACTED

I. Overview of the Ban On Non-Compete Agreements Act of 2020 District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the “Act”) on January 11, 2021. If the Act goes into effect, it will generally: Keep employers from placing restrictions on who former employees can
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Eastern District of Virginia Finds in Favor of Employer After Employees Acquired and Disclosed Confidential Information to Competitor

In a recent case, the U.S. District Court for the Eastern District of Virginia sided with the employer seeking injunctive relief after employees acquired confidential information and disclosed that information to a competitor, causing irreparable harm to the employer. This case should serve as a warning to employees, as well as guidance for employers who
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Webinar: Religious Exemptions to COVID 19 Mandatory Vaccination Policies

              Recently, Merritt Green presented a webinar on Religious Exemptions to COVID 19 Mandatory Vaccination Policies. Employers and employees facing mandatory vaccination policies are struggling with understanding religious exemptions. This webinar will provide an overview of the law, of what constitutes a “sincerely held religious belief,” and what accommodations
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Virginia Employers: Review and Consider Amending Employment Agreements to Add Duty to Disclose Conflicts

In a recent case, the U.S. District Court for the Western District of Virginia denied the employee’s motion to dismiss and determined that multiple claims could proceed against an employee, including breach of contract, breach of duty of loyalty, and fraud. In this case, the employee and employer entered into an Employment Agreement stating the
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U.S. Supreme Court Holds Employee Who Accessed Work Database for Improper Purpose Did Not Violate CFAA

In a recent case, the United States Supreme Court held that a former police sergeant did not violate the Computer Fraud and Abuse Act (“CFAA”) when he accessed a law enforcement database for personal use. As a general matter, the CFAA provides both criminal penalties and a civil cause of action that employers have utilized
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Mandatory COVID-19 Vaccination Policy Upheld by Texas Federal Court

Employers can mandate Covid-19 Vaccination for Employees
In a recent case, a Texas federal District Court upheld an employer’s COVID-19 vaccine mandate. There, employees of a Texas hospital sued the hospital, claiming the policy violated Texas public policy and federal law, and that termination of employees who refused to get the vaccine would constitute wrongful termination. The court dismissed the employees’ case,
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Ask General Counsel: How to protect your business from divorce?

Published by Ask General Counsel on InsideNova, 5/26/2021 In this edition of Ask General Counsel, we are discussing an issue that far too often impacts business owners – the potential devastating impact of divorce and, most importantly, preventative measures that all businesses should implement to protect their business. The best way to ensure smooth corporate
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Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?

Published by Ask General Counsel on InsideNova, 5/12/2021 The distinction between a 1099 independent contractor and a W-2 employee is important, 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
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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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Employer May Be Liable for Defamation for Making Statements to Former Employee’s New Employer

In a recent case, the Eastern District of Virginia found an employer may be liable for defamation after making allegedly false statements to a former employee’s new employer. The employer stated the employee was fired for insubordination, was a disgruntled former employee, and might sabotage their products. The employee claimed the statements were false and
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The Importance of Employers Having Enforceable Written Commission & Bonus Plans

A recent case filed in the Western District of Virginia highlights the importance of employers creating written commission and bonus plans for applicable employees. Additionally, these plans need to be carefully drafted to ensure they are enforceable. In Morris v. Taylor Communications Secure & Customer Solutions, Inc., the court found that although there was a
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Employers: COVID-19 Rules adopted by Safety and Health Codes Board became effective January 27, 2021

Virginia-Permanent-Covid-Health-and-Safety-Announcement
In the absence of a federal standard, Virginia took action last year to create the nation’s first emergency temporary workplace safety and health requirements in response to the COVID-19 pandemic. Effective January 27, 2021, Virginia Governor Ralph Northam released Virginia’s a permanent standard replacing the temporary standard which has been in place since July 2020. The Permanent Standard has
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