Employment Law Chronicle for Virginia & the District of Columbia

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Virginia Personnel Act, which is found at Title 2.2, Chapter 29 of the Virginia Code (§§ 2.2-2900 thru 2905) mandates a grievance procedure for State employees, but it includes a number of exceptions. Specifics of the State grievance procedure are in Title 2.2, Chapter 10 ((§§ 2.2-3000 thru 3008).

Virginia Code Sections 15.2-1506 and 15.2-1507 requires all Virginia localities with more than 15 employees to establish a grievance procedure or be subject to the State's grievance procedure.

Continue reading "Grievance Procedures for Virginia Public Employees" »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Pursuant to the Federal Occupational Safety and Health Act (OSHA), Virginia has received approval for the Virginia OSHA program. In addition to adopting the federal standards almost verbatim, Virginia has enacted additional safety and health requirements. As a consequence, all Virginia employers are required to: (a) comply with numerous safety and health regulations; and (b) comply with the "general duty clause," which requires employers to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical injury."

Links to select provisions of the Virginia Occupational Safety and Health Act are provided below:

VA Code § 40.1-49.8. Duties of employers. This provision describes the employer's duty to provide a safe workplace free from recognized hazards. It also describes disclosure, notice and reporting requirements.

VA Code § 40.1-51.2. Rights and duties of employees. This provision explains employees' obligations to comply with all workplace health and safety rules and regulations. It also provides employees with the right to report workplace health and safety violations.

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited. This provision protects whistleblowers as follows:

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

VA Code § 40.1-51.2:2. Remedy for discrimination. This provision states the procedures and remedies for filing whistleblower claims for reporting workplace safety and health violations. In general, the employee has 60 days to file a complaint.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Labor & Employment Laws, Virginia , Termination (Wrongful v. Proper) , Whistleblower Protections , Workplace Health & Safety

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

In addition to setting restrictions on the amount of employee pay that can be garnished, the Virginia Wage Garnishment Law makes it illegal to fire an employee for being subjected to garnishment for a single debt.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Below is the Virginia whistleblower law prohibiting wrongful termination or other discrimination of employees who report or testify about safety or health complaints:

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited.

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

Section 40.1-51.2:2 of the Virginia Code provides the procedures and remedies for Virginia safety or health whistleblower claims.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

As set forth below, in Virginia, employers are limited in their ability to discharge employees for excessive absences due to illnesses or injuries that are compensable under Virginia's workers' compensation law.

Continue reading "Virginia Employment Law: Protection of Employees on Workers' Compensation (VA Code § 40.1-27.1)" »

As an employment lawyer, several times a week, I am asked whether an employer can fire an employee without a good reason. In the District of Columbia and Virginia, the answer is usually yes. That is because employment in D.C. and Virginia is “at-will” unless a contract or statute states otherwise, or unless a public policy exception exists. Employment “at-will” means that the employer or employee may terminate the employment relationship at any time, for any lawful reason, or for no reason at all.

Courts in Virginia and the District of Columbia have carved out “narrow” exceptions to the at-will doctrine for claims of "wrongful termination" or "wrongful discharge" in violation of public policy. The highest courts of the respective jurisdictions have expressed the public policy exception to the at-will doctrine as follows:

Continue reading "Wrongful Termination and At-Will Employment in the District of Columbia and Virginia" »

Unfortunately, in today’s economy, plant closures and downsizings have become all too common. Treating employees with fairness and dignity are always necessary and good business practices. Fairness is also key to minimizing the risk of post-layoff employment discrimination lawsuits, which can end up costing the business more than was saved from the layoff.

Because an ounce of prevention is worth a pound of cure, here are some tips for employers to consider before restructuring the company's workforce:

Continue reading "Layoffs & Reductions-in-Force: Avoiding the Legal Pitfalls & Perils" »