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.

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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,
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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,
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

Employers Should Have A COVID-19 Vaccine Policy

Now that COVID-19 vaccines are becoming available, employers may be considering whether or not to ask, or even require, employees to be vaccinated. It’s important for employers to consider what makes the most sense for their business, based on contact with the public, level of risk, and other factors, and then institute a clear policy.
Read more
No Comments

Client Alert: EEOC Guidance regarding COVID Vaccine

With the availability of the COVID-19 vaccinations, questions may arise regarding employer and employee rights surrounding these vaccinations and the applicability of various employment laws. The Equal Employment Opportunity Commission (“EEOC”) issued new guidance that preemptively answers some questions that may arise now that COVID-19 vaccinations are beginning to be administered.  Relevant portions of the
Read more
No Comments

Fourth Circuit Finds in Favor of Employer in ADA Case: Employee Couldn’t Perform Essential Functions of Job With Reasonable Accommodation

In a recent case, the Fourth Circuit found an employee was not able to establish that he could perform the essential functions of his job under the Americans with Disabilities Act. The court ruled in favor of the employer after finding the company “extended reasonable accommodations” acting at every stage to ensure that the employee’s
Read more
No Comments

Top Five Reasons Virginia Employers Need to Review/Update Their Restrictive Covenant Agreements

Recent changes in employment law and changes to the economy and workplace in general, due to the coronavirus pandemic, may require some employers to update their employment agreements and restricted covenant agreements. Discussed below are the top five reasons employers may wish to review and update their restrictive covenant agreements. #1. No longer applicable to
Read more
No Comments