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.
Fourth Circuit Finds For Employee in Discrimination and Retaliation Case
Tuesday, 17 January 2023
In a recent case, the Fourth Circuit found in favor of an employee against her previous employer for claims of hostile work environment and retaliation. There, the court determined the employee plausibly pled claims of hostile work environment and retaliation when she was subjected to comments from her coworker and supervisor and negative management decisions
- Published in Labor & Employment
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Supreme Court of Virginia Holds Individuals Not Liable as Employers for Unpaid Wages under Virginia Wage Payment Act
Wednesday, 23 November 2022
In a recent case, the Supreme Court of Virginia answered the question of whether joint employer liability for unpaid wages can be imposed upon individuals who act directly or indirectly in the interest of an employer in relation to an employee. There, employees filed a claim for unpaid wages against two former board members, in
- Published in Labor & Employment
What Does a Court Consider to be Legitimate Retaliation?
Thursday, 06 October 2022
The U.S. Equal Employment Opportunity Commission (EEOC) defines “retaliation” as a materially adverse action that an employer takes when an applicant or employee asserts rights protected by the Equal Employment Opportunity (EEO) laws. Asserting EEO rights is called “protected activity,” and can take the form of filing an EEO complaint, serving as a witness, or
- Published in Labor & Employment
Failure to Accommodate and Retaliation – Mitigating Factors and Lessons for Employers
Thursday, 15 September 2022
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
- Published in Labor & Employment
Employers Beware: Virginia Court Finds for Plaintiff in Recent Age Discrimination Retaliation Case
Friday, 12 August 2022
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
- Published in Employment, Labor & Employment
D.C. Employment Update: Proving Title VII Employment Discrimination No Longer Requires Showing of Tangible Harm following Request or Denial of Job Transfer
Wednesday, 10 August 2022
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
- Published in Labor & Employment
Virginia Court Finds for Employer After Employee Theft of Company Intellectual Property
Thursday, 16 June 2022
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
- Published in Labor & Employment
Ask General Counsel: How to prepare to compete while still employed
Tuesday, 28 December 2021
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
- Published in Ask General Counsel, Labor & Employment
Fourth Circuit Denies Employer’s Motion to Dismiss Employee’s Retaliation
Wednesday, 22 December 2021
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
- Published in Labor & Employment
Fourth Circuit Finds for Employer in Race Discrimination Case
Friday, 17 December 2021
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
- Published in Labor & Employment
DC BAN ON NON-COMPETE AGREEMENTS PENDING CONGRESSIONAL REVIEW, WILL PROHIBIT MOST NON-COMPETES AND ANTI-MOONLIGHTING POLICIES IN DC IF ENACTED
Thursday, 16 December 2021
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
- Published in Labor & Employment
Eastern District of Virginia Finds in Favor of Employer After Employees Acquired and Disclosed Confidential Information to Competitor
Tuesday, 23 November 2021
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
- Published in Business, Labor & Employment
Webinar: Religious Exemptions to COVID 19 Mandatory Vaccination Policies
Thursday, 21 October 2021
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
- Published in Coronavirus Covid-19, Labor & Employment, Video Webinar
Virginia Employers: Review and Consider Amending Employment Agreements to Add Duty to Disclose Conflicts
Thursday, 05 August 2021
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
- Published in Business, Labor & Employment
U.S. Supreme Court Holds Employee Who Accessed Work Database for Improper Purpose Did Not Violate CFAA
Thursday, 05 August 2021
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
- Published in Labor & Employment, News
Mandatory COVID-19 Vaccination Policy Upheld by Texas Federal Court
Monday, 12 July 2021
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,
- Published in Coronavirus Covid-19, Labor & Employment
Ask General Counsel: How to protect your business from divorce?
Thursday, 27 May 2021
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
- Published in Ask General Counsel, Labor & Employment
Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?
Thursday, 13 May 2021
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
- Published in Ask General Counsel, Labor & Employment
Virginia Supreme Court Offers Additional Guidance on Defamation Standard
Friday, 07 May 2021
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
- Published in Labor & Employment
Ask General Counsel: Are non-compete agreements enforceable in Virginia?
Wednesday, 28 April 2021
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,
- Published in Ask General Counsel, Labor & Employment, Non-Compete