Alanna Williams

Do Non-Competes Hold Up in Court in Virginia

March 19, 2025

If you have been asked to sign a non-compete agreement, you likely have questions. What is a non-compete agreement? Do non-competes hold up in court? Before you sign an agreement, you should consult an attorney and make sure you fully understand the agreement. If you have already signed, an attorney can help you understand if the non-compete will hold up in court in Virginia. What is a Non-Compete Agreement? A non-compete agreement is a contract or clause that restricts an employee from working for other competitors or starting a competing business for a period after leaving their current job. These agreements are meant to deter employees from using insider knowledge from one company to help a competing business gain a competitive advantage or using that information to start their own competitive business. Enforcing Non-Compete Agreements The enforceability of a non-compete agreement is dependent on a few key factors. These include: Duration: This typically ranges from 6 months to two years. Geographical Scope: This is determined by the specified regions or radius contained in the agreement. Industry Restrictions: This encompasses the constraints imposed on employees regarding their ability to work for a competing employer or establish a competing business. Generally speaking,

How to Get Wages Paid in Virginia

March 10, 2025

If your employer fails to pay you, they may be in violation of the Virginia Wage Payment Act. If your employer in Virginia has not paid you your wages, you can file a complaint with the Virginia Department of Labor and Industry (DOLI). You can file a claim electronically or by mail. You can also file a lawsuit and be eligible for triple damages. Collecting Unpaid Wages There are three main ways to collect unpaid wages in Virginia. These are: Through the U.S. Department of Labor Through the Virginia Department of Labor and Industry Through a lawsuit in the Virginia district courts Filing with the Government One way to get wages paid in Virginia is to file a claim. You can do this electronically or by mail. Filing a claim with the Virginia Department of Labor and Industry is easy. Find the PDF here. What Happens After Filing a Claim? After you file your claim, the DOLI will decide whether to accept your complaint. If they accept it, they will begin an investigation. This means talking to you, your employer, and maybe coworkers. They look at the evidence, listen to what people say and decide if the employer owes you

How to Stop Sexual Harassment in the Workplace in Virginia

March 3, 2025

If you are experiencing sexual harassment in the workplace in Virginia, you should immediately report the harassment to your employer. You should also contact an attorney to discuss your situation. Sexual harassment can happen to anyone regardless of gender or sexual orientation. Sexual harassment in the workplace is a serious issue that can hurt the health and wellbeing of workers. Types of Workplace Sexual Harassment There are two main types of workplace sexual harassment: hostile work environment and quid pro quo. Hostile work environment sexual harassment occurs when someone you work with makes you the target of unwelcome sexually suggestive or demeaning comments, repeated requests for dates, offensive touching or gesture, pornographic material, intimidating behaviors, jokes, or pranks. These offenses must be severe and pervasive. This means it happens often enough to affect your ability to do your job well. Importantly, it must be conduct that is directed at you because of your gender or gender expression. Conduct that is directed at all employees, even if offensive, may not qualify as discrimination. Another way it occurs is if your employer provides less favorable work conditions to you than your different sex coworkers simply because of your gender status. The second

Do I Need a Wrongful Termination Attorney in Fairfax

February 24, 2025

If you feel that you lost your job for an unlawful reason, you may be able to file a claim for wrongful termination against your employer. Wrongful termination cases can be complex, so consulting with an attorney in Fairfax Virginia is a great way to protect your interests. Understanding At Will Employment Most employees in the U.S. are at-will employees. This means your employer can fire you without any reason at all. However, there are a few exceptions. You can’t be fired for an unlawful reason. So, what are unlawful reasons? Unlawful termination includes things like the following: Firing a worker out of retaliation for making a discrimination complaint or complaining about illegal conduct. Terminating an employee because they filed a claim for sexual harassment Firing someone in violation of labor laws Terminating a worker in violation of anti-discrimination laws These are just a few examples, not an exhaustive list. The best way to know if your termination was legal or not is by consulting with a wrongful termination attorney in Fairfax. Wrongful Termination Cases in Virginia There are several types of wrongful termination, and each one requires a different approach. Wrongful Termination also covers a variety of topics. This

Can I Travel During FMLA Leave in Virginia?

February 19, 2025

If you are contemplating FMLA leave, you may be wondering if you can travel or go on vacation during your leave. The answer is that it depends on your situation. Understanding FMLA Family Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. During FMLA leave, employees are entitled to job protection and the continuation of their group health insurance benefits. Who is Eligible for FMLA Leave? To be eligible for FMLA leave, you must Work for a covered employer Work at a location with 50 or more employees Have worked for the employer for 12 months Have worked 1,250 hours during the 12 months prior to leave starting What Can I Use FMLA Leave For? There are several eligible reasons for FMLA leave. These include things like the following: Birth, adoption, or foster care placement of a child A serious health condition that makes the employee unable to perform their job A spouse, child, or parent with a serious health condition Caring for a covered service member with a serious injury or illness incurred in the line of duty (Military Caregiver Leave) Any qualifying exigency arising out