John C. Cook

Mediation and Arbitration Lawyers in Northern Virginia

November 4, 2024

Mediation and arbitration lawyers in Northern Virginia can help you resolve conflicts or legal issues outside of the courtroom. While both can be used to help parties reach a resolution, they are different. Here’s how they are different and where to find an attorney to help you. Conflict Resolution Techniques Both mediation and arbitration can be used during custody disputes, divorce, landlord-tenant disagreements, and other interpersonal conflicts. These techniques help parties reach an agreement while avoiding a lengthy legal battle. The main difference between the two is who makes the final decision. With mediation, the final decision is reached between the two conflicting parties. On the other hand, arbitration calls on an arbitrator to analyze the case details and reach a verdict. Mediation Mediation involves a neutral third party, known as the mediator, who helps the other parties resolve their issues. Mediators work to help the parties communicate rather than hearing each side and coming to a conclusion themselves. Mediation is appealing for several reasons. Benefits include: Solves the conflict Parties have the freedom to make a decision on their own Costs less than litigation Doesn’t bind participants to a specific outcome Less cumbersome than court Arbitration Arbitration settles conflicts

Lawyer for Wrongful Termination Due to Disability

October 28, 2024

If you believe you were fired unlawfully, you may need an attorney for wrongful termination due to disability. Unfortunately, discrimination occurs too often in the workplace. If you have been the victim of wrongful termination, our attorneys can help. What is Unlawful Discrimination? Unlawful discrimination occurs when an employee suffers an adverse action, such as termination, because of their association with a protected class. Workplace discrimination is prohibited by Federal and State laws. Protected categories include, but are not limited to: Race Color Gender Sex Sexual orientation Age Religion Disability Pregnancy National Origin Discrimination laws protect employees. If you are terminated or demoted based on a disability, you may have a case against your employer. Virginia Disability Rights Lawyer Disability discrimination occurs when an employer makes an unjust employment decision or treats an employee unfairly based on their current or past disability. Covered disabilities include even temporary conditions, like PTSD, depression, and anxiety. The laws prevent employers from treating employees unfairly due to disability. It also means that employers must make reasonable accommodations to employees. Reasonable Accommodation in Virginia Reasonable accommodations are a change that a disabled person needs to enable him or her to perform the essential functions of

Virginia Lawyer for Non-Disclosure Agreements: Reviews, Counseling & Litigation

October 21, 2024

Whether you have been presented with a non-disclosure agreement or are considering leaving your current position for a new employer, there are several reasons why you might need a lawyer. Understanding the non-disclosure agreement (NDA) before you sign it is crucial, so we highly recommend having it reviewed by an NDA lawyer prior to signing. What is a Non-Disclosure Agreement? A non-disclosure agreement is also known as a confidentiality agreement. It is a legal contract between parties that defines the scope of the confidential information and identify terms prohibiting the disclosure of such confidential information. These obligations can exist between an employee and employer, with customers, joint venture parties or other parties who need access to confidential information for business purposes. Are NDAs Enforceable in Virginia? Yes. NDAs are binding legal agreements. Accepting and executing an NDA may burden you with considerable obligations. There may be broad and long-term restrictions on the information that you can disclose to others. Does an NDA Need to be Written by a Lawyer? Technically, no. Employers write NDAs to protect themselves. However, signing one may restrict the scope of your future ability to work in your fields, and your use of the professional knowledge

Collective Bargaining Attorney in Virginia

October 16, 2024

Collective bargaining is a process by which unions and management negotiate contracts and determine terms of employment. Before engaging in this process, we highly encourage you to hire a collective bargaining attorney in Virginia, whether you are on the employee or employer side. What is Collective Bargaining? Collective bargaining is a process in which employees work with their unions to negotiate contracts with their employers. It is often used to determine things like pay, benefits, hours, leave, job health and safety policies, and more. Collective bargaining helps solve workplace issues and gives working people higher wages, better benefits, and safer workplaces. Railway Labor Act In the U.S., around 75% of private sector workers and 66% of public employees have the right to collective bargaining. This right comes from a series of laws that began with the Railway Labor Act. This act granted collective bargaining to railroad workers in 1926 and now it covers many transportation workers like those on airlines. In 1935, the National Labor Relations Act clarified the bargaining rights of most other private sector workers. It also established collective bargaining as the policy of the United States. The right to collective bargaining is also recognized by the international

Can I Be Fired While on Medical Leave in Virginia?

October 7, 2024

When you are facing a medical crisis, you shouldn’t also have to worry about losing your job. Unfortunately, for many employees in Virginia, and across the United States, this is a real fear. Medical leave is meant to be a lifeline, a period of rest and recovery when your health is at stake. But many people are unable to relax, worried that they could lose their jobs. If you find yourself in a situation where your medical leave rights are in question, please contact Cook, Craig, and Francuzenko. Our team of dedicated Virginia attorneys have the experience and skill to diligently investigate your situation and safeguard your rights. Understanding The Types of Medical Leave Medical leave is a critical benefit. It is designed to protect employees’ jobs when they face health challenges that temporarily prevent them from working. It’s important to understand your rights as an employee in Virginia. FMLA, or Family Medical Leave Act, is a federal law that provides many employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. In Virginia, FMLA is applicable to qualifying employers and employees. To be eligible you must: Work for an employer with