John C. Cook

Can You Get Wrongful Termination in a Layoff?

May 28, 2024

Can you get wrongfully terminated in a layoff? Some types of wrongful termination are illegal in Virginia, but they are narrowly defined. So, it only applies in certain circumstances. Generally, private sector employees are considered to be employed “at will” and can be discharged for any reason, or no reason at all unless the employee’s contract provides otherwise, or the termination itself is a violation of law. Exceptions Employees cannot be fired due to their race, gender, national origin, age, religion, disability, sexual orientation, gender identity, or military status. Employees cannot be fired for exercising a right that they are entitled to by statues, such as using his/her workers’ compensation benefits or casting a vote in the company stockholders meeting if they own stock. These are very narrow exceptions. Employees cannot be fired for refusing to commit a crime. Employees cannot be fired because they report a violation of law to a supervisor or the government. This could be a report of a discrimination claim, it could be a workplace safety claim filed with the Department of Labor, or a report of child abuse filed with a state agency. It could be a report of the company cheating on its

How Much Can You Get for Unpaid Wages or Bonus?

May 20, 2024

If you believe you have an unpaid wages claim, you may be wondering how much you can get. Well, we are here to help you understand what you are owed and how to get it. Unpaid wages can come from various factors like unpaid overtime, withheld paychecks, or minimum wage violations. With the help of an experienced unpaid wage lawyer from Cook, Craig, and Francuzenko, you can build your case and recover unpaid wages and penalties. What is My Claim Worth? There are three main factors that determine the worth of your unpaid wages claim. First is the amount of unpaid wages. Second, you can usually get your unpaid wages doubled as a penalty. Third, if the company intentionally failed to pay you correctly, you may get treble damages. You can also recover your attorneys’ fees and costs. Unpaid Wages Attorney in Fairfax Virginia If you believe that your employer violated wage laws, you need to speak to an experienced unpaid wages lawyer. At Cook, Craig, and Francuzenko our attorneys have over a century of combined experience. We provide invaluable legal guidance and support. Let us help you recover your hard-earned income.

FTC’s Ban on Non-Competes is the Big News in Employment This Year …. Or is it?

April 29, 2024

This week the Federal Trade Commission upended the world of employment law by passing a final rule banning almost all non-compete agreements for employees and independent contractors. Employees must be informed that their existing non-compete agreements are no longer valid. Existing non-competes for senior executives remain in effect. Non-competes remain legal as part of a contract for the sale of a business, i.e., a seller of a business can be required not to compete with the business they just sold. Business groups cried foul, and the United States Chamber of Commerce and others immediately filed suit to stop the new rule. A non-compete is a contract, generally forced on employees as a condition of employment, that prohibits the employee from working for a competitor, or in the same field as the employer, for one or two years after the employee leaves the employer. The justification for these restrictions is to prevent workers from jumping ship and taking business secrets, clients, customers, and vendors to a competing business. The FTC said the restrictions are an unreasonable restraint of trade, which limit worker mobility and reduce wages and economic growth. Many states have already restricted the scope of allowable non-competes in recent

Is Withholding Tips Illegal in Virginia?

April 24, 2024

Is withholding tips illegal in Virginia? A large portion of Virginia employees who wait tables, serve or mix drinks, open doors, clean hotel rooms, or provide other services, earn tips. In fact, some employees earn more tips than they do wages. If you receive tips as part of your compensation, your legal rights under the wage and hour laws are a bit more complex. This creates many questions. What counts as a tip? How much does your employer have to pay you? Do you have to contribute to a tip pool? Tip Basics While most of these laws will depend on your state, federal and state law dictates that they belong to the employee, not the employer. Your employer may not require you to hand over tips unless one of the following exceptions applies. Tip Credit State law allows the employer to take a tip credit. This means that the employer counts all or part of an employee’s tips toward their minimum wage obligations. So, even though the employer doesn’t technically “take” the employee’s tips, the employer gets to count some tips as though the employer paid them directly to the employee. Virginia allows employers to take a tip credit.

Can Employers Pay Under Minimum Wage in Virginia

April 15, 2024

Virginia minimum wage laws are created to protect employees from exploitation and unduly low pay. But what happens when you are being paid under minimum wage in Virginia? Is it illegal? Does your employer owe you more? Virginia Minimum Wage Laws Virginia minimum wage is set at $12 per hour, based on federal guidelines. These laws ensure that employers fairly compensate employees for the work they complete. Most employees are covered by this law and must be paid at least the minimum wage. Employees who may not fall under the minimum wage laws include: People who work in domestic settings like nannies Individuals who work and earn wages according to the amount of work completed People whose earning capacity is limited by disability Individuals employed by a business with fewer than four employees Who is Exempt from Minimum Wage Laws? Some employees are not covered by standard minimum wage laws. These include: Nonprofit volunteer workers Farm laborers/workers Summer camp employees Golf course caddies Workers under 18 employed by parents or legal guardians Workers under 16, regardless of employer Individuals who are exempt from federal minimum wage Full time students enrolled in work study or an equivalent program Temporary foreign workers