35 Questions About Employment Law Every Practitioner Should Know Seminar Materials

Publication Date: October 2015
Available Formats: Searchable PDF via immediate download
Pages: 53

Information

Topics Covered:

  • Commencing the Employment Relationship: The Hiring Process in Virginia
  • Maintaining the Employment Relationship: Rules That Govern the Workplace
  • Compensating the Employment Relationship: Virginia Wage and Hour Law
  • Severing the Employment Relationship: Terminating Employees in Virginia
This comprehensive, stand-alone publication is direct from an October 2015 seminar that covered key topics in employment law.

Understand the hiring process, including the types of information that a Virginia employer may lawfully require from an applicant. Learn which tools an employer can utilize to monitor employees, as well as other rules that govern the workplace. Master the termination process, from notice requirements, to compensation issues, and even the best timing for termination

Table of Contents

I.  Commencing the Employment Relationship: The Hiring Process in Virginia

Q1. Is employment in Virginia still considered “at will”?

Q2. May a Virginia employer require an applicant for employment
to disclose information regarding arrests or convictions?

Q3. May a Virginia employer require an employee take a
polygraph test as a condition of employment?

Q4. May a Virginia employer require that an employee or applicant
submit to a medical examination?

Q5. Are Virginia employers required to report newly hired employees or rehired employees to any federal or state agency?

II. Maintaining the Employment Relationship: Rules That Govern the Workplace


Q6. Are Virginia employees entitled to a copy of their personnel files?

Q7. Can an employer put negative documentation in an employee’s
personnel file without telling the employee or giving the employee a copy?

Q8. Can personnel policies constitute an employment contract for a
period of time?

Q9. Does putting an employee on a limited duration (e.g., 60-day) performance
plan create an employment contract for that period of time?

Q10. Is Virginia still a Right-to-Work state (and what does that
mean anyway)?

Q11. May a Virginia employer require employees to work weekends?

Q12. Does an employee with a concealed gun permit have the right to
bring the gun to work?

Q13. May a Virginia employer access or monitor an employee’s
email or voicemail?

Q14. What rights do Virginia employers have to access or monitor an
employee’s social media (Facebook, Twitter, etc.) account/site?

Q15. Must a Virginia employer provide rest periods or lunch breaks
during the workday?

III. Compensating the Employment Relationship: Virginia Wage and Hour Law

Q16. May a Virginia employer withhold from employee paychecks?

Q17. When are an employee’s final wages due?

Q18. Does a Virginia employer have to pay an employee for accrued vacation pay on termination?

Q19. Does a Virginia employer have to pay commissions after termination?

Q20. May an employer deduct from an employee’s final paycheck for negative leave balances?

Q21. Does a Virginia employer have the right to release the wages of an employee to any person other than the employee?

Q22. Can a Virginia employer require that an employee absent from employment use sick leave or vacation time?

Q23. Can a Virginia employer require an employee to reimburse the employer for training if the employee leaves before a certain time?

Q24. May a Virginia employer require an employee to accept his/her paycheck by direct deposit?

IV. Severing the Employment Relationship: Terminating Employees in Virginia

Q25. Is there any requirement in Virginia to provide an employee with reasonable notice prior to termination?

Q26. Is a Virginia employer required to pay severance?

Q27. Are separation agreements that contain a release of claims really enforceable?

Q28. Must an employer put the reasons for termination in writing?

Q29. Can employees be escorted from the building when they resign or are otherwise terminated?

Q30. When in the workday should an employee be involuntarily terminated?

Q31. Can an employee be terminated for filing a worker’s compensation claim in Virginia?

Q32. How much of an employee’s disposable earnings are exempt from garnishment for an ordinary debt?

Q33. May an employer discharge an employee because the employee’s earnings are subject to garnishment?

Q34. Is it safe to give references on former employees?

Q35. Are “public policy” wrongful discharge claims viable in Virginia?

Authors

Edward Lee Isler

Lori H. Turner

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