What does an employment attorney help with?
An employment attorney can evaluate workplace claims, defend a complaint, review an agreement, or help a business improve its policies. Shin Law Office’s employment practice covers termination, pay, discrimination, retaliation, leave, severance, restrictive covenants, and HR compliance. The first step is to identify the issue, the applicable law, and any immediate deadline.
Do you represent both employees and employers?
Yes. Shin Law Office assists employees and employers in separate matters. The firm must review potential conflicts before accepting a representation and cannot simply act for opposing parties in the same dispute. Tell the firm the names of the people and businesses involved when arranging a consultation.
Can I challenge a firing in an at-will state?
Possibly. Virginia generally follows employment at will, but an unlawful discriminatory or retaliatory firing can still support a claim. Contract rights and narrow public-policy exceptions may also matter. An unfair decision alone does not establish illegality. Review the reason given, the facts, and the specific legal protection involved.
How long do I have to file an employment claim?
There is no single employment-law deadline. EEOC charges generally have a 180-day period, extended to 300 days when the applicable state or local protections qualify; age claims have special rules. Virginia’s general whistleblower statute uses a one-year period, while claims under its wage-payment statute generally use three years from accrual. Other claims and notices can run on different clocks.
Does complaining to HR stop the EEOC deadline?
Generally, no. Internal complaints, grievance procedures, and settlement discussions do not ordinarily extend an EEOC charge-filing period. Preserve what you submitted and the employer’s response, but confirm the applicable filing deadline separately. A consultation request is not an agency filing.
Should I sign the severance agreement I received?
Understand the exchange before deciding. Review the payment, benefits, claims being released, future obligations, references, and all attachments. A signature can have lasting consequences even when the separation feels amicable. Tell the attorney the offer date and acceptance deadline so the review can address the time available.
Does every severance offer have a 21-day review and 7-day revocation period?
No. These protections generally concern qualifying waivers of federal age-discrimination claims for workers age 40 or older: at least 21 days to consider an individual offer, or 45 days for certain group programs, plus seven days to revoke. Do not assume those periods apply to every release or settlement. The actual waiver and circumstances require review.
Are non-competes banned in Virginia?
Not across the board. Virginia law restricts non-competes for specified workers and addresses particular separation circumstances. Agreement dates, worker status, wording, and exceptions matter. The FTC’s nationwide non-compete rule is not in effect. Non-solicitation and confidentiality provisions also need their own review before a job change or enforcement demand.
Can a salaried employee still qualify for overtime?
Yes. A salary or job title alone does not resolve overtime eligibility. For common white-collar exemptions, the actual duties and applicable compensation requirements must be satisfied. Review the work performed, hours, pay arrangement, and relevant exemption before assuming that overtime is unavailable or unnecessary.
Does a 1099 label settle whether I am an independent contractor?
No. Classification depends on the applicable legal test and the working relationship, not simply the tax form or contract label. Different laws can use different tests. Bring the agreement, actual duties, schedules, payment records, and information about how the work was directed for a meaningful review.
Does FMLA protect every employee who needs medical leave?
No. FMLA eligibility generally requires a covered employer, at least 12 months of employment, 1,250 hours of service in the preceding 12 months, and a worksite with 50 employees within 75 miles. Special rules can apply. The qualifying reason, notices, and other possible leave or accommodation protections also need review.
Is every negative action after a complaint unlawful retaliation?
No. The analysis considers protected activity, employer knowledge, the action taken, and the connection between them. Timing can matter without proving the case by itself. Employers may still make lawful decisions for legitimate reasons, but should examine potential retaliation concerns and the supporting record carefully.
What should an employer do after receiving an EEOC charge?
Read the notice and response requirements, preserve relevant records, identify the people with firsthand knowledge, and arrange legal review. Keep the response factual and consistent with the evidence. Review how the complaint will be handled and how further employment decisions will be made while the matter is pending.
What should I bring to an employment-law consultation?
Bring a short dated timeline, relevant notices, agreements, pay records, policies, complaints, and responses that you may lawfully possess. Include all pages and amendments, plus any agency notice or deadline. Identify where missing evidence may be located instead of entering restricted systems or taking confidential material without authority.
Do federal employees follow the same discrimination process?
No. Federal employees and applicants generally must contact their agency’s EEO counselor within 45 days of the event. The federal process has additional steps and deadlines, with possible exceptions. Tell the firm immediately if you work for a federal agency and ask whether it can assist with that particular process.
Where can I meet with Shin Law Office, and how are fees handled?
Shin Law Office has offices in Leesburg and Fairfax and serves Northern Virginia. Contact the firm to discuss meeting arrangements, the proposed scope of work, attorney fees, and expenses. Litigation, agreement review, and ongoing business advice can involve different arrangements, which should be explained before representation begins.