John C. Cook

Employment Law FAQ

April 1, 2024

Do you have questions about your employer? There are many laws and regulations that help protect employees, but they can be hard to understand. Here are some of the top employment law FAQ. What laws do employers have to follow when hiring new employees? They must follow anti-discrimination laws. Their hiring decisions cannot be based on race, gender, national origin, age, religion, disability, sexual orientation, gender identity, or military status. Can employers monitor their employees’ internet usage or read their emails? If an employee is using a company computer, and the company’s email and internet, yes, these emails can be read. They are technically company property. However, if the email is clearly private, the answer becomes “maybe not”. The law is not clear, and it is better to err with caution. Can employers listen in on employees’ phone calls while at work? Or access their voice mail messages in the company system? Yes, they can. What laws regulate the wages and hours in my workplace? The Federal Fair Labor Standards Act (FLSA) and Virginia Wage Payment and Overtime Pay Acts require payment of wages on time, and if you are non-exempt and overtime eligible, all overtime pay. How can I

Virginia Employment Law FAQ About Payroll and Bonuses

March 18, 2024

Payroll can sometimes be complex, especially when you add in bonuses. We have compiled a list of the most frequently asked questions about payroll and bonuses to help you. How long does an employer have to correct a payroll when it is wrong in Virginia? They don’t have a window of correction. They have violated the law if they pay late or incorrectly. If your paycheck is not correct, you should contact your HR department as soon as the discrepancy is discovered. Does a company have to pay out my bonus if I quit? It depends on the company policy on bonuses or any contract you may have. Most policies say you need to be employed on the day the bonus is paid in order to get it. But some bonuses, which are based on performance numbers for a given year, must be paid if the year is completed. Is my employer discriminating by not paying a bonus? No. Discrimination may occur when everyone of one race or gender gets a bonus, and others of a different race or gender don’t. However, there are still circumstances where this may be a “perhaps” and it would be best to contact

JOHN COOK NAMED SENIOR FELLOW OF LITIGATION COUNSEL OF AMERICA

SENIOR FELLOW PRESS RELEASE

January 23, 2024

FOR IMMEDIATE RELEASE JOHN COOK NAMED SENIOR FELLOW OF LITIGATION COUNSEL OF AMERICA John Cook, partner of the law firm Cook Craig & Francuzenko PLLC, has been named a Senior Fellow of the Litigation Counsel of America (LCA). John is a litigator whose practice emphasizes the representation of executives, employees, and small businesses in employment law matters, including advice and counsel regarding workplace issues and a wide range of other civil litigation matters. He has represented numerous clients in both federal and state courts and has argued cases before the Eastern and Western Districts of Virginia and the U.S. Court of Appeals for the Fourth Circuit. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. Senior Fellow status in the society is reserved for advanced commitment to and support of the LCA, the Diversity Law Institute and the Trial Law Institute. The LCA is aggressively diverse in its composition. Established as a trial and appellate

Guide to Mediation Lawyer Fairfax Virginia

January 2, 2024

There are many advantages to having a mediation lawyer in Fairfax Virginia. Instead of a traditional lawsuit, mediation aims to resolve the conflict without the need for a courtroom. Having a mediation lawyer helps you ensure that your rights are protected during this process. Here’s your guide to mediation lawyers in Fairfax, Virginia. What is Mediation? Mediation is a form of alternative dispute resolution. Essentially, it is an informal way to resolve conflict. A mediator is a neutral third party who guides the parties and allows them to discuss their issues, clear up misunderstandings, and find a middle ground. This allows the parties to be in control of the resolution, rather than a judge making the decision for them. In some cases, mediation is a court ordered process, but typically, parties voluntarily seek mediation. Consider these advantages of mediation before you decide to pursue litigation. Faster & More Cost-Effective Mediation is often a much faster method of dispute resolution. Once the parties select a mediator, that person sets ground rules for communication and serves as a referee of sorts to guide the parties through conversations. The mediator is a neutral party and seeks to let each side hear the other.

Experienced Race Discrimination Lawyer in Fairfax VA

November 20, 2023

Are you looking for an experienced race discrimination lawyer in Fairfax, VA? Unfortunately, race discrimination still occurs in workplaces all across the country. This may not always be obvious. It could be in the form of subtle discriminatory treatment. If you believe you have been the victim of racial discrimination in the workplace, you need to speak to an experienced attorney about your case. Protecting Against Race Discrimination Federal laws such as Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act prohibit discrimination on the basis of race. Furthermore, state and local laws may also offer employees protection against discriminatory conduct, such as the Virginia Values Act. Under these laws, an employer can be held liable for racial discrimination. These laws also require employers to promptly address race-based harassment that creates a hostile work environment. Proving Racial Discrimination If you have suffered racial discrimination in the workplace, it is crucial that you gather evidence to back up your allegations. Experienced Virginia race discrimination lawyers can help you collect and prepare evidence and build a case to demonstrate that your employer broke the law. Our team is dedicated and ready to work for