Summary of Virginia Whistleblower laws

Posted Posted in Civil Rights, Employment Law, FOIA, Freedom of Speech and Press

Does Virginia have “Whistle-Blower” protection? Yes. An employee of Virginia state or local governments have protection against retaliation or discipline for making or being about to report on the wrongdoing or abuse of one of the employee’s supervisors or an agent of the employer or an appropriate authority under Virginia Code § 2.2-3009, et seq., […]

1st Amendment – ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT

Posted Posted in Civil Rights, Employment Law, First Amendment, Freedom of Speech and Press, Litigation

12-15-2016– THE US COURT OF APPEALS FOR THE 4th CIRCUIT REMOVES WHAT IT DESCRIBED AS A “VIRTUAL BLANKET PROHIBITION ON ALL SPEECH CRITICAL OF THE GOVERNMENT EMPLOYER” BY STRIKING DOWN PETERSBURG POLICE DEPARTMENT’S BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT. In a sharply worded opinion issued on 12-15-2016, the Fourth Circuit Court of Appeals declared […]

Absence for medical treatment may constitute a reasonable accommodation under the ADA

Posted Posted in ADA - Americans with Disabilities, Employment Law

Question: Is unpaid time off from work for medical appointments and treatment a reasonable accommodation under the ADA?   Answer: It may be, but the answer must be determined on a case by case basis, to determine whether it is a reasonable accommodation that does not place an undue hardship on the employer.   Explanation: […]

“Sex”, Bathrooms and the Rule of Law

Posted Posted in Civil Rights, Due Process, General, Litigation, sexual harassment

4-20-2016 – Attorneys Andrew T. Bodoh and Jonathan M. Arthur of the Virginia civil rights firm Thomas H. Roberts & Associates, P.C. are proud to represent Delegate Dave LaRock (R-Loudoun) in a lawsuit against Virginia Attorney General Mark Herring. “Delegate LaRock wants the Attorney General to follow the law and to do his job in […]

Can I sue my employer for sexual harassment by non-employees?

Posted Posted in Civil Rights, Employment Law, sexual harassment

Q. Can I sue my employer for sexual harassment by non-employees? A. Yes – if the employer knew and negligently failed to take remedial steps to stop or prevent the sexual harassment. A hostile work environment based upon sexual harassment. Generally speaking, in order to prove sexual harassment based on a hostile work environment, a […]

Summary of the law of non-competition in Virginia

Posted Posted in Contract Law, Employment Law, General, Non-Competition

Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton […]

Can My Employer Require Me to Get a Medical Examination?

Posted Posted in ADA - Americans with Disabilities, Employment Law

An employer subject to the Americans with Disabilities Act (ADA) may make post-hiring inquiries into the ability of an employee to perform job related functions.  Otherwise, the employer cannot require medical examination or make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or […]

What is a hostile work environment? Are my complaints protected?

Posted Posted in Civil Rights, Employment Law, Hostile Work Environment, Retaliation

Issue # 1: – What constitutes an unlawful hostile work environment under Title VII? Title VII is violated only when the discriminatory conduct is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment.  Simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to […]

Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?

Posted Posted in Employment Law, General

Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia? Unemployment Benefits are provided by the legislature under specified conditions. The statutory provisions are found in Title 60.2 of the Code of Virginia. Beginning at § 60.2-100. The court in Francis v. Va. Empl. Comm’n, 59 Va. App. […]

Qualified Immunity – 2001 Victory

Posted Posted in Civil Rights, Employment Law, Freedom of Speech and Press, General, Hostile Work Environment

Victory in 4th Circuit Court of Appeals   The law firm of Thomas H. Roberts & Associates, P.C. announced an important victory.  In an unpublished opinion, the Fourth Circuit Court of Appeals ruled that there the defense of qualified immunity is not available to the government in Title VII cases.  This fact is especially important […]