John C. Cook

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

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