John C. Cook

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

Best Law Firm in Virginia

September 30, 2024

When it comes to law firms, you want the best. And that’s exactly what you get at Cook, Craig, and Francuzenko. There are several things to look for when you choose a law firm, and we have them all. Here’s what makes us the best law firm in Virginia. Experience and Expertise Many law firms may have experience in one area, but not all. Choosing an attorney that has experience and expertise in the area you need is important. For example, if you are looking for a small business lawyer, you want someone who specializes in those types of cases. At Cook, Craig, and Francuzenko, we have attorneys in nearly every field. Whatever your case, we can most likely help you with it. Advocacy While many attorneys will just tell clients what they want to hear, our attorneys are well educated in the law and can give you advice based on facts and the precedent. An excellent lawyer will tell you what is right for you, not just what is easiest for them. Fee Schedules The best law firms in Virginia will explain their fee schedules and give you a complete breakdown of the fees. Some attorneys charge you a

Overtime Owed- Wage Lawyer in Virginia

August 12, 2024

When it comes to overtime pay, there can be a bit of confusion. However, it is important to understand whether you owed overtime pay or are exempt from overtime. If you have questions or believe that you are owed overtime pay and your employer refuses to pay, please contact our office. Is it illegal not to pay overtime in Virginia? Virginia employers must comply with the Fair Labor Standards Act (“FLSA”). This is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards. Under the FLSA, non-exempt employees are entitled to overtime pay. This is calculated at a rate of one and a half times their regular rate of pay for all hours worked over their normal 40-hour work week. Who is eligible for overtime pay in Virginia? It is critical for employers to correctly classify employees as exempt or non-exempt under the FLSA. Exempt employees are not entitled to overtime pay. Those are generally managers or higher-level professionals. On the other hand, non-exempt employees must be compensated for overtime hours. What are the Virginia overtime laws? In addition to several federal laws, Virginia employers must also comply with the state overtime pay regulations. To

PRESS RELEASE: Cook Prevails in United States Court of Appeals for the Fourth Circuit

August 9, 2024

Partner John C. Cook prevailed in an important case in front of the United States Court of Appeals for the Fourth Circuit. The sexual discrimination case, Nixon v. Kysela, involves a woman who was hired by her boyfriend’s company. When she ended the sexual relationship between the two, she was fired. The United States District Court had ruled in the company’s favor, holding that such a termination is not “because of sex” in violation of the civil rights laws. The Court of Appeals reversed, with a three-judge panel unanimously finding that the District Court had made factual determinations that must be left to the jury and sent the case back to the District Court for trial. The U.S. Courts of Appeals fall just below the U.S. Supreme Court in the federal court system, and some of the best judges in the country serve on those courts. They review decisions of the district court judges. Reversing a decision granting summary judgment is difficult. The courts uphold such decisions every day. Here, the unanimous panel decision speaks strongly in favor of allowing juries to determine factual issues in federal litigation. Mr. Cook said, “it’s hard to win discrimination cases in the federal

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