CCF Attorneys

Do I Need a Lawyer to Start a Business in Virginia?

October 12, 2021

It may seem surprisingly easy to start a business in Virginia but it’s important to do so in a way that protects you. So, if you ask, “do I need a lawyer to start a business in Virginia?” Technically, no. But is it a smart move that will save you trouble later? Absolutely. Benefits of Hiring a Lawyer If you choose an attorney that has already helped start several businesses over their career, he/she has a wealth of knowledge and experience to offer. They will know the tips and tricks to help you start off on the right foot and avoid common pitfalls. Navigating Legal Structure When starting a business in Virginia you must choose a legal structure under which to operate. While the “default” is a sole proprietorship, this may not be the best choice for you. Many small business owners choose a limited liability company for a variety of tax and liability reasons, or if they have started as a sole proprietorship, they often convert to LLC. Your business attorney can help you navigate these choices. Registration Requirements An attorney can help ensure that your business qualifies for the business type you choose and meet necessary state filing

Understanding Employee Misclassification and Overtime Laws in Virginia

October 5, 2021

Sometimes, employers misclassify employees as independent contractors. While this could be an honest mistake, often it is done intentionally to avoid paying taxes and providing employment benefits. However, there have been recent updates to employee misclassification and overtime laws in Virginia that help employees. Employee Misclassification Typically, employees have more rights than independent contractors. Employees have the right to sue an covered employer for illegal discrimination, independent contractors do not. Similarly, independent contractors don’t have rights under the Fair Labor Standards Act (FLSA – overtime pay) or the Family and Medical Leave Act (FMLA – leave). Protecting Your Rights If you are a non-exempt employee under the FLSA, your employer must pay you time and a half for overtime. However, independent contractors aren’t entitled to overtime pay, unless the customer agrees to it in the contract. The FMLA may protect you if you can’t work. For instance, say you need emergency surgery and can’t work for a month. If you’re an employee entitled to FMLA leave (50 or more employees at your location, been at work for at least a year), your employer must hold your job open until you return from leave. However, if you are classified

Employment Discrimination Lawyers Near Me

What To Do About Employment Discrimination in Virginia?

September 27, 2021

If you have suffered employment discrimination, you should speak to a lawyer as soon as possible. There are several remedies that you be entitled to receive due to employment discrimination. Employment Discrimination Remedies The Virginia Human Rights Act says that a prevailing employee in a discrimination case under state law may recover significant damages including uncapped back pay damages, uncapped compensatory and punitive damages and reasonable attorney’s fees and costs. Amendments in the Virginia Values Act could result in substantial awards to employment discrimination plaintiffs in cases brought to state court. Furthermore, the court or jury may award an employee other equitable relief under the VA HRA to include a temporary or permanent injunction, restraining order, or other order including an order enjoining the defendant from continuing to engage in discriminatory practice, or an order requiring other action by the defendant. [Related: Employment Law in Virginia] Before Filing Before you file under Virginia state law or federal law, nearly all plaintiffs must file with the Virginia Division of Human Rights, a local county or city Human Rights office, or the federal Equal Employment Opportunity Commission. As a Virginia employee, you only need to file with one of the agencies, since

Understanding Sexual Harassment Basics for Virginia

September 21, 2021

Sexual harassment is a traumatic experience. If you or a loved one has experienced sexual harassment, you may be able to pursue a settlement or other legal remedy with the help of a sexual harassment lawyer in Fairfax, Virginia. Understanding Sexual Harassment in Virginia Sexual harassment, whether subtle or blatant, is rooted in economic exploitation for an illicit purpose. This deliberate misconduct is illegal under state and federal laws. Sexual harassment, as defined by the US Supreme Court, is unwelcome words or conduct sufficiently pervasive or severe to alter the conditions of employment and creates a hostile work environment. Because there is a fine line between innocent interaction and sexual harassment, each case needs to be evaluated thoroughly to determine if grounds for a suit exist. For example, a single request for a date is not harassment, even at work. And in some cases, vulgar comments may not be considered harassment. However, stalking and unwanted touching are almost always considered sexual harassment. [Related: OnlyFans in the Workplace] Liability for Sexual Harassment While employers are not automatically responsible for the conduct of every single employee in the workplace, they are automatically liable for sexual harassment by supervisors and harassment by any

Wrongful Termination Attorney in Northern Virginia

What is Considered Wrongful Termination in Virginia?

September 13, 2021

Wrongful termination is a misunderstood term that does not mean what it seems to mean. There is no per se wrongful termination claim in Virginia. But there are specific laws that prohibit termination of employees for specific reasons, which can produce “wrongful terminations.” To make sure you fully understand the laws, its best to speak to an attorney about your case. So, what is considered wrongful termination in Virginia? The Employment Laws in Virginia Like many other states, Virginia employment laws follow the rules for “at-will” employment. This means that unless a worker has signed an employment agreement that contains provisions for “just cause” termination (which tends to only happen in union contracts and C-level executive contracts), an employer may terminate the employee for any reason and at any time during the course of employment. Exceptions to At-Will Employment Laws However, federal and state laws provide exceptions to the at-will employment rules. These include that: A Virginia employer is prohibited from firing an at-will employee based on a discriminatory reason such as race, color, national origin, sex, disability, religion, genetic information, pregnancy, marital status, sexual orientation, gender identity, and/or veteran status. It is illegal for a Virginia employer to terminate