Cook Craig & Francuzenko PLLC

Should I Have a Lawyer Review my Severance Package?

May 19, 2025

Absolutely. A severance agreement is a legally binding agreement, and you should always seek legal counsel before signing one. Even if the agreement seems fine to you, there may be tricky clauses or bad provisions that work against you. It’s always a good idea to have a lawyer review your severance package. Here’s why. Legal Action Typically, severance agreements require you to waive and release all employment related claims you might have against the employer. What does that mean? Well, it means that you can’t sue the employer for anything that happened prior to the date you signed the agreement. The agreement may also limit any future claims to arbitration. Money Sometimes, employers offer less money initially with the expectation that employees will negotiate up the severance amount. Other times, an employee has potential claims – like discrimination, wage payment or overtime issues, or disability accommodations, that can be used to leverage a higher payment. Employment Benefits Your severance agreement needs to explain what benefits you will receive after you leave the company. This includes health benefits, job placement assistance and more. Remember that everything in the agreement is negotiable, including continuing healthcare coverage. Knowing Your Worth Make sure that

How Do DEI Executive Orders Impact Government Contractors

May 12, 2025

Recent executive orders aimed at eliminating DEI initiatives could pose risks to government contractors. These orders also raise a number of complicated legal issues that federal contractors will need to navigate. We highly recommend speaking to an attorney about what this could mean for you. What do these executive orders mean? There are two main executive orders that seek to end diversity, equity, and inclusion programs in the workplace. The goal of these orders is to knock down private sector DEI efforts, preferences, mandates, policies, programs, and activities. Risk to Federal Contractors Government contractors need to evaluate their current DEI policies and practices and look for potential legal implications. The federal government or private “qui tam” plaintiffs could come after you for FCA liability, criminal and civil investigations, termination of existing grants and contracts and impact to future contracting opportunities. On the other hand, “DEI” is not “illegal” per se. The courts, not the executive branch, have the final say in what a law means. Your personnel policies may have brought you a great workforce. Don’t feel you have to tear it down just because of a press release. It is crucial to evaluate whether any of your DEI policies

Virginia Lawyer for Non-Solicitation Agreements

May 2, 2025

It is well known that companies employ a variety of legal measures to protect their assets and maintain a competitive edge. One of these is the use of non-solicit agreements. Since these contracts are legally binding, it’s important to have a Virginia lawyer draft, review, or edit the document. What is a Non-Solicit? Non-solicit agreements or non-interference agreements are legally binding documents. The agreement establishes restrictions on the individual or entity. It prevents them from soliciting a company’s customers, employees, or clients after their association with the company has ended. These agreements can be drafted as a stand-alone contract, or as part of a larger employment or partnership agreement. These agreements are a great tool to handle a range of industries and business contacts. But they are often utilized more in sales and service-based businesses. In most cases, their goal is to prevent former employees, partners, or independent contractors from selling a company’s clients or customers. They can also prevent these individuals from stealing key suppliers or vendors. [Related: Guide to Non-Compete Clauses] Types of Non-Solicitation Agreements There are several kind of non-solicit agreements. The most commonly used include: Employee Non-Solicitation Agreements These are specifically designed to protect a company’s

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.