CAN I BE SUED DUE TO CORONAVIRUS (COVID 19) – AND AM I COVERED?

By Clifton M. Mount, Esquire, Senior Attorney, Litigation Practice, Group General Counsel, P.C. (Main: 703 556-0411) The COVID-19 “coronavirus” situation is complex and unprecedented in its impact on all phases of life and government. Most states have issued a recent rash of executive orders, regulations, health standards and the like in the emergency response to
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Virginia Supreme Court

General Counsel, P.C. Client Alert – Supreme Court of Virginia Declares Judicial Emergency in Response to COVID-19

Effective March 16, 2020, the Supreme Court of Virginia has issued an Order and declared a judicial emergency for all district and circuit courts of the Commonwealth “to protect the health and safety of court employees, litigants, judges, and the general public.”  The Order shall be in effect from March 16, 2020 to April 6,
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Alternative Dispute Resolution: Is it Right for Your Business?

Generally, businesses wish to avoid litigation. Litigation can be very expense and time consuming, and business owners would rather spend their resources running and growing their businesses. Unfortunately, legal disputes are a risk of owning a business and sometimes it is necessary to protect your company or redress a wrong. However, there are methods to
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Eastern District of Virginia Finds in Favor of Employer When Employee Claimed Racial Discrimination and Then Voluntary Resigned

  In a recent case, the Court found there wasn’t sufficient evidence of employment discrimination or hostile work environment, where the employee’s claims were based on a single incident of conduct by a co-worker and the employer took swift corrective action. The Court also offered additional guidance on when a voluntary resignation may be considered
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Court Finds for Employer in Race Discrimination Case

In a recent case, Brown v. Akima, LLC, the federal court for the Eastern District of Virginia 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. The Facts
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Front Pay, Back Pay and other Damages in Retaliation Case

Arbas v. PhyAmerica Government Services, Inc., U.S. District Court, Eastern Dist. Va, April 2019. The Facts Catherine Arbas was employed as an art therapist by PhyAmerica Government Services, Inc. and contracted to work at the Womak Army Medical Center for the United States Department of the Army. On October 30, 2016, Arbas informed her direct
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Employer Not Required to Make Safety Exemptions for Employee in ADA Case

In a recent case, the federal court for the Western District of Virginia answered the question of whether an employer must exempt an employee from a requirement to wear safety equipment because she has a physical condition that prevents her from wearing the safety equipment. The court ultimately concluded that the Americans with Disabilities Act
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Are you Asking job Candidates Illegal Questions During an Interview?

Here are some tips on what not to ask to avoid a liability. Want to avoid complaints and discrimination allegations flowing from your company or organization’s hiring practices? Then, you need to be very careful in your hiring processes and interview questions. Imagine the scenario where a 55-year-old male applies for a job. During the
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Government Contractor Restrictive Covenant Enforced in Part

Omnisec Int’l Investigations, Inc. et al. v. Slavica Stone, Fairfax Co. Cir. Ct., March 26, 2019 (Judge Richard Gardiner) The Facts Slavica Stone worked for Omniplex (and its subsidiary, Omnisec) from 2003 until 2017. Omniplex conducts security clearance background checks for agencies and performs its work nationwide and overseas. Upon taking the position, Stone signed
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Employer Needs Legitimate, Non-Discriminatory Grounds for Termination

In a recent case, Haynes v. Waste Connections Inc., the Fourth Circuit affirmed denial of summary judgment against employer on claims of race discrimination and retaliation. While this case was decided on a particular set of facts, the ruling may offer guidance for other employers and employees. The Facts James Fountain, a white man, hired
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