John C. Cook

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

Can I Sue for a Slip and Fall Accident in Virginia?

February 10, 2025

If you have experienced a slip and fall accident in Virginia, you are entitled to seek compensation for your damages through a personal injury claim. If you cannot reach an agreement with the insurance company, you can file a lawsuit to get paid after your accident. For any slip and fall claim, it’s important to have a reputable lawyer with experience in these cases. Proof of Negligence The first step to recovering damages in your slip and fall accident is proving that the property owner was negligent. Negligent means that someone failed to exercise ordinary care toward other people. Property owners have a duty of care to maintain safe premises. Evidence If the owner fails to maintain that duty and someone gets injured as a result, the owner or occupier is liable for damages. To prove this, you must show that: The owner or business failed to recognize or remove the hazardous condition that caused your accident or, The owner or business caused the hazardous condition that led to your accident. Essentially, you need to be able to show that a reasonable person would have seen the hazard and had enough time to fix it before your slip and fall

Lawyer for Workplace Retaliation in Fairfax VA

January 27, 2025

What exactly is workplace retaliation and what should you do if it happens to you? Well, the first thing you need to do is contact an attorney. Workplace retaliation may be illegal and if you have been a victim, you may have a case against your employer. A lawyer for workplace retaliation in Fairfax VA can help you understand your rights and ensure they are protected. What is Workplace Retaliation? Retaliation occurs when an employee is punished for engaging in a legally protected activity. The key here is “protected activity.” Retaliation for non-protected activity is legal! Knowing the difference is critical and can be a gray area. What is retaliation? It can include any negative job action like demotion, salary reduction, discipline, shift reassignment, or even firing. But it can also occur in more subtle ways that are hard to prove. For example, a change in job shift might not be an issue for many employees, but it would be a significant hindrance for a parent with young children and a less flexible schedule. Any action from an employer that would deter a reasonable person from making a complaint constitutes illegal retaliation. What Incites Retaliation? Federal and state laws protect

Are Non-Competes Legal in Virginia?

January 13, 2025

If you live or work in Virginia and have signed a non-compete, or been asked to sign one, you need to fully understand what it means. Non-competes may be enforceable in Virginia, but the agreement has to meet certain requirements. Here’s what you should know about non-competes in Virginia. What is a Noncompete Agreement? This agreement or clause is a contractual promise between two parties, usually the employee and employer. These agreements are sometimes called “restrictive covenants” as well. A noncompete agreement serves the purpose of guaranteeing that the former employee will not engage in certain acts, behaviors, or new employment that competes with the former employer’s business. Why are Noncompete Agreements Used in Virginia? Noncompete agreements are intended to ensure that employees won’t leverage information such as trade secrets, ideas, or business practices to start their own business or gain new employment. You can even be subject to a noncompete agreement if you don’t have access to trade secrets. Are Non-Competes Legal in Virginia? If you work in Virginia and signed a non-complete agreement, or a contract with a non-complete clause, it may be enforceable. To be enforceable, non-competes in Virginia have to be considered valid. These agreements are

Disability Discrimination Attorney Near Me | Fairfax, Virginia

December 16, 2024

Searching for a disability discrimination attorney near me? If you have been discriminated against due to a disability, you should speak to an attorney immediately. It is against the law for employers to discriminate against disabled employees or refuse to provide reasonable accommodations. If you believe that you have been a victim of disability discrimination, Cook, Craig, and Francuzenko can help you. What is Disability Discrimination in the Workplace? The Americans with Disabilities Act (ADA) prohibits employers from discriminating against an employee because of a disability. ADA laws apply to workplaces with 15 or more employees. Additionally, the Rehabilitation Act of 1973 applies to federal employees and applicants. It offers many of the same protections as the ADA. The Virginians with Disabilities Act provides some coverage for smaller employers. Essentially, this means that a person with a disability shouldn’t be fired, or not hired for a job just because of the disability. However, disability law is quite complex, so if you believe that you have been the victim of disability discrimination, you need to speak to attorney as soon as possible. What is Considered a Disability? In order to be protected under the ADA, a person must have a legally