Our attorneys have substantial experience in a broad range of employment claims.  For employers, we can advise you on employee situations to avoid violation of these laws and can defend you against any claims asserted or lawsuits filed.  For employees, we can evaluate your situation and advocate for your civil rights to obtain a settlement or other justice.

Discrimination Claims

• Title VII - Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, national origin and other considerations. A broad range of actions can be considered discrimination and direct evidence of discrimination is not required.
• Sexual Harassment - Sexual harassment can take the form of "quid pro quo" or hostile work environment. Whether or not sexual harassment has occurred is a case specific analysis to determine how severe or pervasive the conduct was. If you suspect your business may be at risk for a sexual harassment claim or that you have been subjected to sexual harassment, give our attorneys a call.
• Americans with Disabilities Act (ADA) - The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in employment in all areas of public life to include housing and transportation. The ADA requires employers to provide reasonable accommodations to individuals with disabilities. Our firm is knowledgeable about the reasonable accommodation requirements and the obligations on both parties in reaching an accommodation.
• Family and Medical Leave Act (FMLA) - The Family and Medical Leave Act (FMLA) guarantees some employees up to 12 workweeks of job protected unpaid leave. The FMLA only applies to certain employers, certain employees, and certain work and family responsibilities. Our attorneys are knowledgeable of the responsibilities of an employer and the rights of an employee.
• Fair Labor Standards Act (FLSA) - The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping requirements and other regulations governing the employment relationship. Our attorneys can ensure an employer is in compliance with these regulations to avoid costly penalties and can evaluate an employee's work arrangement to determine if his/her rights have been violated. We are experienced with filing and defending against overtime class actions under the FLSA.
• Equal Pay Act (EPA) - The Equal Pay Act prohibits an employer from paying unequal wages to men and women who perform jobs that require substantially equal skill, effort, and responsibility. Our attorneys are skilled in conducting this case specific analysis. Employers should also be aware that the court recently heightened the standard for an employer to defend itself against such a claim.
• Age Discrimination in Employment Act (ADEA) - The Age Discrimination in Employment Act prohibits employment discrimination against persons age 40 or older.
• Pregnancy Discrimination Act (PDA) - The Pregnancy Discrimination Act prohibits sex discrimination on the basis of pregnancy, childbirth or related medical conditions, to include pumping at work for breastfeeding purposes.

Retaliation

It is unlawful for an employer to retaliate against an employee for having participated in the exercise of his rights or having opposed an unlawful act.

Wrongful Termination

Employee Misclassification

• Employee - There is now a state law that allows employees to file suit against employers for misclassifying them as independent contractors. An employer can be subject to damages and penalties if it is found to have misclassified a worker as an independent contractor instead of an employee. Our attorneys can design an organizational structure that meets your classification goals and can defend you in audit or against a claim of misclassification.
• If you believe you have been misclassified as an independent contractor, then you may be owed damages including for reimbursement for employer taxes paid, as well as unpaid overtime wages. Our attorneys can assist you with negotiating with your employer.

Defamation

False statements made to third parties outside of those who are in your workplace about you professionally may provide the basis for a defamation action for damages.

Whistle Blower Claims

Federal Whistleblower Protection Statutes include:

• Occupational Safety and Health Act (OSHA) which prohibits discrimination or retaliation by employers against employees for making complaints concerning workplace safety and health hazards or participation in OSHA investigations.
• Sarbanes-Oxley Act (SOX) which prohibits publicly traded companies and their officers and employees from discriminating against any employee who provides information which the employee reasonably believes violates any rule or regulation of the Securities and Exchange Commission.
• Dodd-Frank Wall Street Reform and Consumer Protection Act which provides remedies to employees in the financial services industry who allege retaliation related to the disclosure of information about unlawful conduct in connection with the offering of consumer financial products and services.
• False Claims Act which allows individuals to file "qui tam" actions against federal contractors for fraud in connection with payments or requests for payments to the federal government, and which prohibits the discharge, demotion, harassment or discrimination of an employee for engaging in activities in furtherance of an action under the law.
• Consumer Product Safety Improvement Act (CPSIA) which prohibits retaliation or discrimination against employees or retailers and manufacturers for making complaints to the employer, federal government or a state attorney general concerning activity that violates the federal Consumer Product Safety Act.
• National Transit Systems Security Act (NTSSA) which protects public sector transit employees from discrimination or retaliation for whistleblower activities.
• Federal Rail Safety Act (FRSA) which protects employees, contractors, and subcontractors of railroad carriers for reporting safety violations, or acts of waste, fraud, or abuse involving federal grants or money.
• Surface Transportation Assistance Act (STAA) which protects workers from retaliation for making complaints concerning the operation of commercial motor vehicles.

Virginia Whistleblower Protection Statutes include:

• Virginia Code Section 40.1-51.2:1 which prohibits an employer from discriminating against an employee who files a safety and health complaint or participates in a proceeding concerning a safety and health complaint.
• Virginia Fraud Against Taxpayers Act which prohibits retaliation by employers against employees who report false claims activities concerning payments or contracts with the Commonwealth of Virginia.
• Virginia Fraud and Abuse Whistleblower Protection Act (FAWPA) which prohibits discrimination and retaliation of employees of state government who in good faith report instances of wrongdoing or abuse committed by their employing agency, other state agencies, or independent contractors.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA establishes rights, benefits, and remedies for uniformed service members and responsibilities for their civilian employers.