John C. Cook

Can I Use ChatGPT to Draft Employment Contracts?

November 6, 2023

Have you found yourself wondering “can I use ChatGPT to draft employment contracts”? If you are unfamiliar with ChatGPT, it is an artificial intelligence chatbot created by OpenAI. It has gained popularity recently due to its ability to generate content across a variety of channels like emails, blogs, memos, and more. Technically, the answer is Yes. Technically, you can use ChatGPT to create a contract. However, we don’t recommend you rely solely on an AI language model to draft any type of legal contract. Contract drafting requires a thorough understanding of legal concepts and terminology. Furthermore, it requires careful consideration of the specific circumstances and requirements of the parties involved. Think of it this way. Having ChatGPT draft your contract is like having a stranger draft it. Not a stranger in a law firm where you can research their experience (and where they have malpractice insurance) but like a stranger off the street. Not a great idea. Maybe an okay starting point, but not an ending point. Concerns There are several concerns with using ChatGPT to create employment contracts. Inaccurate information. The ChatGPT website warns that “ChatGPT may produce inaccurate information about people, places, or facts.” ChatGPT can’t ask any

Can I Go on Vacation While on FMLA Medical Leave?

October 30, 2023

FMLA and vacation time both allow employees to take time off work, but the two types of leave are granted for different reasons. Let’s look at the difference in these types of leave and how they impact each other. What is FMLA? Typically, employees receive a certain amount of vacation days each year. As long as your leave is approved, you can spend your time off however you want. FMLA isn’t that simple. The Family and Medical Leave Act (FMLA) is a federal labor law. It allows employees to take a leave of absence from work for medical or family reasons. Typically, employees on FMLA leave are not paid for their time off. However, their position is protected until they return. Can I go on Vacation while on FMLA Leave? The answer is that it honestly depends on several factors. First, it depends on whether you can take vacation time on top of FMLA, and this can be a complicated issue. Your employer’s vacation and FMLA leave policies, along with the reasons for your medical leave can all impact your request for vacation time while on FMLA leave. It is important to understand that employers often look suspiciously at employees

Frequently Asked Questions about Employment Law in Virginia

August 30, 2023

Can I sue my employer? Yes, if you are not paid in full and on time, if you are illegally discriminated against, or if you are retaliated against for pointing out violations of the law, you can bring an action against your employer. There may be other claims as well. What does a class action require? A Class Action is when a large number of people (often over 20) bring the same claim against the same business. For example, a thousand people buy a skin care product that turns out to burn your skin. Can my employers pay me less than minimum wage? Generally no, unless you are a youth earning a training wage. There are special rules for those earning tips. What is an At-Will state? That means either the employer or employee can end the relationship at any time, for any reason. Employers are still prohibited from terminating employment for illegal reasons, such as discrimination. Can I be fired for reporting discrimination? Generally no, as long as you report it in good faith. What is a collective action lawsuit? That is where a small number of people, who can be readily identified, bring the same case against the

Do I Have a Hostile Work Environment Claim

August 22, 2023

Do I have a hostile work environment claim? This is something many people wonder, because it can be hard to tell when a work environment has crossed the line between just being difficult and openly hostile. Here’s what you need to know about hostile work environments and when to report harassment and other inappropriate behavior. Defining a Hostile Work Environment A hostile work environment exists when harassment is based on a protected category (i.e., race, gender, national origin, age, religion, or disability) and is severe or pervasive enough that it alters your ability to do your job. The behavior must be more than just offensive, it must be objectively abusive. Additionally, the harasser can be anyone in the workplace. It may be a coworker, supervisor, or even a customer or client. Furthermore, the victim does not have to be the person harassed. It can be anyone affected by the offensive conduct. The courts will look at factors such as: What type of conduct was it? How often did discriminatory conduct occur? Was the conduct directed at you because of your protected status? Would a reasonable person find the work environment hostile based on this conduct? Signs of a Hostile Work

Partial Prohibition on Non-Compete Clauses | Changes to Virginia Employment Law

August 15, 2023

Many changes to Virginia employment law went into effect in recent years, including a partial prohibition on non-compete clauses. Historically, Virginia courts have disfavored restrictions on competition, often refusing to enforce them if they contain unreasonable restrictions. Additionally, Virginia has declined to “blue-pencil” overbroad non-compete provisions. By statue, Virginia greatly restricts employers’ ability to impose and enforce non-compete clauses against current and former employees. It also provides a private right of action for employees to enforce the law. The new law includes the following provisions. Prohibition on Non-Compete Clauses for Lower-Wage Employees According to the updated employment laws, employers are prohibited from entering into, enforcing, or threatening to enforce any non-compete clause against a “low wage employee”. This is defined as an employee, intern, or individual independent contractor whose average weekly earnings are less than the average weekly wage in Virginia which is currently $999.67. Some employees are excluded from protection under this new statue, including those whose earnings wholly or predominately come from sales commissions, incentives, or bonuses. Other Limitations in the Statue This law does not restrict standard confidentiality agreements. However, it does forbid employers from establishing or enforcing any covenant with any employee that “restricts an employee