Employment Law Chronicle for Virginia & the District of Columbia

In a decision "not recommended for full text publication," the Sixth Circuit struck down provisions in an employment application that required prospective employees to waive their rights to a judicial forum for employment-related claims and to agree to shorten the statute of limitations for all employment disputes to six months. According to the Court, the employees had not knowingly, intelligently, and voluntarily waived their right to a judicial forum because when the employees signed the waivers "they had no idea" of what the grievance process they were agreeing to entailed.

Continue reading "Employees Not Required to Arbitrate Employment Claims (Alonso v. Huron Valley Ambulance Inc., 6th Cir.)" »

I often represent clients on claims that an employer’s business interests were harmed by the disloyal or otherwise unlawful conduct of a former employee. Typically, these employer lawsuits allege breach of contract, breach of the duty of loyalty, misappropriation of trade secrets, conspiracy, tortious interference and related claims. Below are some questions and answers designed to present these concepts in general terms.

Question: What is the common law fiduciary duty of loyalty?

Continue reading "Virginia Employment Law: Employee Breach of Contract, Duty of Loyalty and Misappropriation of Trade Secrets" »

Here, I provided FAQ's for employers and employees in Virginia and the District of Columbia concerning employment separation or severance agreements. As noted, a typical separation agreement will include a broad waiver and release of claims the employee may have had against the employer in exchange for severance pay and other consideration.

Recently, the Equal Employment Opportunity Commission ("EEOC") published Understanding Waivers of Discrimination Claims in Employee Severance Agreements. This publication provides a useful overview of the potential legal effect of waivers and releases of age, sex, race, gender, disability or other employment discrimination claims. As reflected in the EEOC's publication, parties on both sides of severance agreements are best served by retaining competent legal counsel.

For help with drafting, negotiating, or interpreting a separation or other employment agreement, feel free to contact Searcy Law Offices, LLC at 703-644-4122 in Virginia or 202-393-1443 in the District of Columbia.

Here are answers to some frequently asked questions about employment Separation Agreements, Severance & Release Agreements:

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