John C. Cook

Negotiating and Accepting Severance Agreements in Virginia

August 5, 2024

Whether you are an employee or employer, negotiating and accepting severance agreements in Virginia can be a complex matter. This is not a gift or a simple payout. A severance package is a deal, and it needs to be treated as one. We highly recommend having an attorney help you draft and review any severance agreements. Understanding Severance Agreements At its core, a severance agreement is a deal. And a simple one at that. The former employee receives compensation, and the former employer receives various protections. Usually, employers seek a general release of claims, sometimes they ask for confidentiality. They may also request that you avoid speaking negatively of the company once you have been terminated. Basically, you have things that your employer wants when you are terminated. So, you need to negotiate what you are wiling to sell and settle on an appropriate sale price. What is the best way to negotiate a severance package? When you are leaving a company, you may be asked to sign a severance package. This typically contains detailed, complicated legal language. It talks about future compensation and rights to take legal action against the employer. This agreement should also state that you

Attorney for Sexual Assault in the Workplace

July 29, 2024

Sexual assault in the workplace, as well as harassment or abuse, is a widespread problem. It impacts all races, genders, sexual orientations, disability statuses, and many other factors. If you have been the victim of sexual assault in the workplace, you need to speak to an attorney as soon as possible. What is Sexual Harassment? Federal law dictates that it is unlawful to harass a person because of that person’s sex. Sexual harassment is defined by its impact, not its intent. The conduct must be unwelcome to be considered sexual harassment. This can include behaviors such as: Unwelcome sexual advances Verbal or physical harassment of a sexual nature Lewd gestures Leering behavior Requests for sexual favors Inappropriate statements Sexually explicit jokes, emails, or texts Harassment vs. Sexual Assault While these terms may often be used interchangeably, they are not the same. In fact, there are key differences. So, what is sexual assault in the workplace? Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” This includes rape, fondling, or inappropriate touching. What to Do After Sexual Assault in The Workplace If you believe that you have been sexually

Labor Laws- Collective Bargaining and Union Attorney

July 22, 2024

United States labor laws allow employees to form unions and engage in collective bargaining with their employers. There are certain rights and responsibilities given to these employees and their employers must also follow the rules defined in state and federal laws. However, these laws can be complex and difficult to understand. Some states limit the ability of unions to get to the bargaining table. We recommend that when engaging in collective bargaining, you work with an experienced union attorney. A skilled labor law attorney can ensure that employers follow the correct laws and procedures during union negotiations. They also represent employees if disputes arise within a union. Labor Laws Each state has its own laws that define the process and procedures an employer must use when negotiating with unions. These laws must remain in compliance with the federal National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) oversees unions and labor law. Workers in certain industries may not have the right to join a union or organize. Collective Bargaining in Virginia Collective bargaining gives employees the power to negotiate as a group, rather than as individuals. A union may negotiate on the workers’ behalf to reach agreements. These

Creating a Charitable Non-Profit Organization

June 17, 2024

Anyone interested in creating a non-profit entity should consult with an experienced tax-exempt organizations attorney to ensure the necessary and proper application is filed. Such an attorney can guide the applicant through the process. What is a Charitable Tax-Exempt Non-Profit Organization? A charity is often a non-stock corporation qualified as tax-exempt under section 501(c)(3) of the Internal Revenue Code. They are often known simply as 501(c)(3)s. These organizations fall into one of three main categories: public charities, private foundations, and private operating foundations. A charitable nonprofit must exist for one or more charitable purposes in order to qualify as tax exempt. Benefits of 501(c)(3) Status Among other benefits, attainting 501(c)(3) status provides such advantages as: Exemption from federal income tax. Grant makers often require federal charitable status. Donations are tax deductible. Many state tax exemptions require 501(c)(3) status. Ability to mail at lower postal rates. Types of 501c3 Organizations There are three main 501(c)(3) categories: Public Charity. The most common charitable entity, public charities conduct operations in pursuit of a charitable mission. Typically, such organizations receive donations from the public and may receive funding from sponsorships and grants. Private Foundation. A private foundation does not necessarily conduct direct operations but

Is Age Discrimination Legal in Virginia?

June 3, 2024

Is age discrimination legal in Virginia? 1/4 of American workers are 55 or older, and yet, age discrimination persists in the workplace. Unfortunately, this keeps many people out of certain jobs. Older workers are facing longer periods of unemployment, more stressful job hunts, and crushing financial stress. So, is this legal? If not, what can be done about it? What’s Going On? During the pandemic, many older Americans left the workforce. In some cases, this was due to health concerns. For others, they started the retirement process early. Now, with COVID less of a concern and the workplace returning to normal, many of these older people are looking for work again. According to AARP, workers over 50 are unemployed for three times as long as their younger counterparts. This is due to roadblocks when it comes to finding work. Furthermore, older workers typically send out a much larger volume of applications to get offers than their younger counterparts. Understanding Ageism Ageism, or age discrimination, is unfortunately still prevalent in the American workplace. More than 40% of workers over the age of 40 report that they’ve experience age discrimination. Additionally, almost 40% say ageism is their top concern when trying to