Providing Quality Legal Assistance for Your Virginia Employment-Related Matters
Although numerous state and federal laws have been enacted to protect employees in the workplace, some employers still choose not to comply with these regulations. All too often, employers do not take steps to address civil rights violations such as sexual harassment, discrimination, or toxic work environments.
Sadly, many workers feel stuck and are unsure what legal measures are available to stop and prevent further abuse. Koger Law Group is a Richmond law firm dedicated to helping employees realize their legal options. If you have concerns about your workplace and are unsure about the legal action you can take, contact our law office today to schedule a consultation and learn more about how we can assist you.
What are the Legal Benefits of Hiring an Employment Law Attorney?
If you are dealing with an employment law issue that you cannot resolve independently, it is in your best interest to hire an attorney immediately. A Koger Law Group employment attorney can advise you of your rights and what legal options apply to your case.
Some of the other legal services that employment law attorneys offer to clients include:
- Provide legal advice on how to deal with discriminatory or unfair labor practices
- Assistance with wage and hour disputes
- Assistance with reviewing and negotiating employment contracts
- Provide legal representation for wrongful termination cases
- Assistance with unemployment claims
In some instances, parties involved in workplace disputes can utilize alternative dispute resolution (ADR) methods, such as mediation or arbitration, to attempt to resolve their differences. An employment lawyer can provide legal advocacy to ensure any agreement fulfills your needs. If ADR methods fail, your attorney can pursue litigation to settle your legal dispute.
What Laws are in Place to Protect Employees?
One of the most groundbreaking employment laws is the federal 1964 Civil Rights Act, which made it illegal for employers to discriminate based on race, color, religion, sex, and national origin. The Civil Rights Act also established the Equal Employment Opportunity Commission (EEOC) to enforce federal laws and regulations.
Virginia has also passed state laws to protect employee rights, including those aimed at safeguarding employee payments and outlining pay requirements for terminated employees. Other state laws that have been enacted include:
- The Virginia Human Rights Act (VHRA): The VHRA works similarly to the Civil Rights Act and prohibits discrimination based on protected traits
- VOSH: The Virginia Occupational Safety and Health program is the state’s version of OSHA. VOSH is a program that ensures that employers comply with all state and federal rules to provide a safe work environment
Other laws that protect employees include the Age Discrimination in Employment Act and the Americans with Disabilities Act.
What is Considered Wrongful Termination in Virginia?
Under the Virginia employment-at-will doctrine, employers may terminate employees at any time or for any reason, as long as such termination does not violate any applicable laws. Still, employers are barred from terminating workers based on discrimination or retaliation, or breach of contract.
Discrimination
Following state and federal laws, employers may not discriminate against protected traits or for any conditions related to pregnancy, childbirth, or other medically related conditions.
Retaliation
Employers may not terminate workers in response to protected conduct, including filing a harassment complaint, taking family medical leave, reporting wage and hour violations, or whistleblowing, among other actions.
Breach of Contract
Employers may not fire employees if it violates the terms outlined in their employment contract. Employee contracts may be written or implied, and any violation of the prohibited actions would constitute a breach of contract. Additionally, even if an employee is not under contract, they may still pursue legal action if an employee handbook outlines company procedures regarding termination.
If you feel that your rights have been violated, it is best to consult an employment law attorney immediately. Evidence can quickly disappear, and witnesses can be challenging to locate the longer it takes for you to obtain legal representation.
What Can I Do if My Employer Denies My Request for Family Medical Leave?
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid leave within 12 months for specified medical and family reasons. You have several legal options available if your employer denies your request.
It is worth noting that your workplace must employ at least 50 more employees within a 75-mile radius, and that you have worked at least 1,250 hours in the last 12 months.
One option is to file a complaint with the Department of Labor (DOL), which may begin an investigation if your case meets eligibility requirements. The other option is to hire an employment law lawyer who can pursue litigation against your employer. A knowledgeable lawyer will professionally assess your case to determine what legal options work best for your needs.
Additionally, Virginia employers are also legally obligated to provide workers leave for other situations, including jury duty and voting. Regardless of the circumstances, you should also retain all documentation related to your request and maintain an accurate log that includes names, dates, and the names of any management members involved in the issue.
Contact our Richmond Employment Law Attorneys Today
Koger Law Group is a Richmond-based law firm dedicated to protecting the rights of workers. We have a long track record of successfully representing employees in navigating the complex legal process involved with employment law. Our employment attorneys believe in giving each of our clients the personal attention they deserve.
When you come to us for help, we will thoroughly evaluate your employment matters to determine the most suitable legal approach for your needs. Because every case is unique, our attorneys will work diligently to create customized legal strategies that maximize your results.
Our law firm is committed to providing clients with honest evaluations, enabling them to make informed decisions.
Contact our law firm today at 804-455-8186 to schedule an initial consultation, so we can begin working on your case.