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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Where Would you like to Sue or be Sued?

General Counsel, P.C. (“GCPC”) attorneys practice in three jurisdictions, collectively known as the “DMV” – the District of Columbia, Maryland and Virginia. While similarities exist among the venues, there are distinct differences that might impact where you or your company may prefer to engage in litigation. While GCPC has a strong litigation practice, it also
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TechINT v. Sasnett

Reviewing employment agreement non-compete terms
Preliminary Injunction granted to Govcon for Non-Solicitation Restriction GCPC Practical Counsel:  Restrictive Covenants must be drafted as narrowly as possible and the enforceability depends on the facts of the particular situation.  In this case, prohibition against soliciting clients to provide competing services enforced. TechINT Solutions Group, LLC v. Sasnett, U.S. Dist. Ct, W.D.Va, Harrisonburg Div
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How to Effectively Respond and Investigate a Harassment or Claim of Discrimination

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.
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Why Employers (and Employees) Need to Pay Attention to the Fair Labor Standards Act

This post was originally published in February, 2015. We’re re-posting in case you missed it.  Why Employers (and Employees) Need to Pay Attention to the Fair Labor Standards Act Recently, General Counsel, P.C. is getting more (and more) calls for a business litigation attorney regarding alleged violations of the Fair Labor Standards Act (“FLSA”).  
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Is Your Non-Compete Agreement Enforceable?

Reviewing Non-Compete Agreement
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
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Employment Law Update: Supreme Court Says Arbitration Requirements in Employment Agreements are Enforceable

A recent U.S. Supreme Court case, Epic Systems Corporation v. Lewis upheld employers’ use of class-action waivers in arbitration agreements. No. 16-285, 2018 WL 2292444, at *1 (U.S. May 21, 2018). Based on this ruling, employees that have signed such agreements are no longer able to join together to sue employers and instead must use
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What Should I Consider During a Business Divorce?

Business relationships fail for many different reasons:  business partners may have long-term disagreements, a change in leadership, or simply a desire to go in different directions. Even successful businesses may have to deal with business divorce issues if business partners decide that the benefits of continuing their business relationship are outweighed by the costs accompanying
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Personal Liability for Corporate Obligations – How to Avoid Piercing the Corporate Veil

When individuals form business entities, generally they choose entities that allow them to limit their personal liability, leaving only the entities’ assets vulnerable to lawsuits. For corporations and Limited Liability Companies (LLC), the business entities are separate from the corporate officers and shareholders (or LLC members), and these individuals are typically not liable for the
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General Counsel, P.C. attorneys win Virginia’s SECOND largest verdict of 2017

General Counsel PC Wins Largest Virginia Verdict of 2017
Originally posted on January 25, 2018. Just days after being notified by Virginia Lawyers Weekly that General Counsel P.C.’s verdict for Heard Construction was the largest in Virginia in 2017, we learned that we were edged out of the title by a Fairfax County medical malpractice case. Managing Partner Merritt Green said that he was told by Virginia Lawyers Weekly that
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What To Do When Accused of Breach of Contract

If you’ve received a notice of breach of contract sometimes called a demand letter, it means someone believes you’re not living up to your end of a bargain. A breach of contract occurs when one party to a contract doesn’t fulfill any term of a contract, without a lawful excuse. Contract breaches can be troublesome
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What To Do If Your Business Has Been Sued

Regardless of the success of a business, business owners run the risk of being sued. Litigation and lawsuits can be stressful, costly, and time-consuming. However, there are steps business owners can take to help better protect their businesses and put them in the best position to navigate these legal hurdles. Most Importantly, Do I Need
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Small Business Lawyer: Converting Your Partnership to a Limited Liability Company

Prior to the wide-scale acceptance of limited liability companies (“LLC”), many business owners who wished to avoid a “double tax” on the income from their business turned to general partnerships. While that form of entity did generally avoid the double taxation of business income inherent in a corporation, the cost of doing so was to
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Out-of-State Business Sued in Virginia

The Litigation Counselor is an e-newsletter provided by a litigation lawyer providing updates and counsel to business owners, executives and managers based on recent court decisions or litigation-related matters impacting local organizations. In each issue, a litigation lawyer will highlight practical advice to help identify, avoid, or resolve such potential problems. If you would like
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Litigation Case Valuation

The Litigation Counselor is an e-newsletter provided by a litigation attorney providing updates and counsel to business owners, executives and managers based on recent court decisions or litigation-related matters impacting local organizations. In each issue, a litigation attorney will highlight practical advice to help identify, avoid, or resolve such potential problems. If you would like
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Properly Investigating and Responding to Employee Complaints of Harassment or Discrimination

Handling HR Complaint
Properly Investigating and Responding to Employee Complaints of Harassment or Discrimination   No employer wants to hear that an employee is alleging that he or she is the subject of harassment or discrimination.  But, when it happens (and it likely will sometime), how an employer handles the situation can make the difference between resolving the
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