Cook Craig & Francuzenko PLLC

Your Guide to the Virginia Wage Payment Act

April 28, 2025

The Virginia wage payment act is a law that requires employers to pay employees all owed compensation in a timely manner. Essentially, it sets the parameters for how and when employees are paid. This act also allows employees to file suits in court if an employer does not pay wages in accordance with the law. So, if you are dealing with unpaid wages, not being paid on time, or wage theft, an attorney can help you file a suit. Timing The VWPA requires employers to establish regular pay period and rates of pay for employees. Salaried employees must be paid at least once a month and hourly employees must be paid at least once every two weeks, or twice per month. There are some exceptions to this rule. Additionally, when an employee leaves the company, the employer must pay the employee all owed wages or salaries on or before the date the employee would have been paid while employed. Unlawful Withholdings Another protection under the Virginia Wage Payment Act is against unlawful withholding. This means that the employer cannot withhold any part of an employee’s wages or salaries without written and signed authorization from the employee. This does not apply

Negotiating Severance Agreements in Virginia

April 21, 2025

Negotiating a severance agreement, or severance package, can be part of your departure from your employer. It’s important to ensure that you fully understand the agreement before signing. We highly recommend seeking the counsel of a severance agreement attorney in Virginia. What is a Severance Agreement? A severance agreement or severance package is a deal. Essentially, as a former employee, you receive compensation, and your former employer receives various protections. Typically, this includes things that ensure you won’t sue the company, speak poorly of the company or share trade secrets. In laymen’s terms, you have information and things that your employer wants to buy when you are terminated. The most important of these is a release, or your promise not to sue, for anything that happened during your employment. This agreement is legally binding so before you sign it, you need to negotiate what you are willing to sell, and decide on an appropriate sale price. What is Included in a Severance Agreement in Virginia? While each severance agreement is unique, there are several things that are commonly found in these legal documents. First, most employers ask for a general release, which releases the employer from all possible legal claims.

Virginia Attorney for Executives Accused of Harassment

April 14, 2025

If you are an executive accused of harassment, you need a Virginia employment attorney on your case. Workplace challenges like contract disputes, harassment, or wage violations can disrupt your career, and consequently, your financial security. These issues require delicate handling. Attempting to do it yourself can lead to unnecessary risks like missed benefits, financial losses, and job insecurity. Contact a Virginia attorney for executives accused of harassment to ensure that your rights are protected, and your best interests are prioritized. Our experienced attorneys can give you a strategic advantage in resolving disputes and obtaining a favorable outcome. How Our Attorneys Help You Our attorneys provide individualized legal support for executives and managers experiencing workplace challenges. Whether you are facing accusations of harassment, wage disputes, discrimination or other employment issues, our team of qualified attorneys is here to fight for your rights and protect your career. We fully understand that executives face unique pressures, and therefore, our strategies are tailored to help you achieve the best possible outcome. [Related: Workplace Harassment] Our Services Our attorneys are dedicated to helping executives safeguard their rights and protect their careers. Some of the ways we do this include: Arbitration and mediation services Claims of

Recovering Damages for an Auto Accident in Virginia

March 24, 2025

How can I recover damages for an auto accident in Virginia? Auto accidents are scary and can often be overwhelming. You’re likely facing medical bills, possible vehicle repairs, and other costs. If you didn’t cause the accident, you shouldn’t have to pay for those things. Under Virginia law, it’s your legal right to seek damages. What Counts as Damages? Damages is another word for the costs of the accident. If you have been hurt in a car accident, you need to speak to a personal injury attorney. You may be able to recover damages such as: Medical costs. This includes hospital bills, doctor visits, examinations, prescriptions, surgery, rehabilitation, and physical therapy. Vehicle repair costs. This includes damage to your car, motorcycle, bicycle, or another type of vehicle that was damaged. If your vehicle is totaled, this includes replacement costs. Lost wages. If you had to take time off work to recover from your injuries, or you have a decreased capability to work, you can recover these lost wages. General damages. These are harder to calculate because they depend on how your life was impacted by the accident. It includes things like pain and suffering, physical impairment, disability, lowered quality of

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,