Gordon D Scott

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Gordon D Scott

Sex Crimes
Virginia Code Section 40.1-28.01 was passed in 2019 to prohibit any provision in a nondisclosure or confidentiality agreement that has the purpose of concealing the details of a sexual assault. The new section is not retroactive, but it does ensure that employers will not be able to rely upon non-disclosure agreements to conceal sexual assaults occurring in the workplace. At present, the language is narrowly drafted to cover current and prospective employees only. Accordingly, confidentiality agreements executed by former employees in consideration for severance or settlement payments may not be covered by the statutory protection.

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Consultations Employment Law Litigation Wrongful Termination

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D Scott Gordon Attorney

D S Gordon Law

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http://dsgordonlaw.com

http://virginia-disability.com/dir/faq

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Attorneys, Commercial Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Sexual Harassment Attorneys, Social Security & Disability Law Attorneys, Workers Compensation Assistance

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Phone: (804) 440-6557

Address: 7 E Franklin St, Richmond, VA 23219

Website: http://dsgordonlaw.com

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Gordon D Scott

Sex Crimes
Virginia Code Section 40.1-28.01 was passed in 2019 to prohibit any provision in a nondisclosure or confidentiality agreement that has the purpose of concealing the details of a sexual assault. The new section is not retroactive, but it does ensure that employers will not be able to rely upon non-disclosure agreements to conceal sexual assaults occurring in the workplace. At present, the language is narrowly drafted to cover current and prospective employees only. Accordingly, confidentiality agreements executed by former employees in consideration for severance or settlement payments may not be covered by the statutory protection.
Assault

Workers Compensation
The Virginia Workers' Compensation statute provides benefits to covered workers who are injured at work. Under Workers' Compensation law, a worker is entitled to benefits if he or she suffers an injury by accident arising out of and in the course of their employment. The statutory program is administered by the Virginia Workers' Compensation Commission.
Wrongful Termination
There is no single law or statute that provides a catch-all cause of action for "wrongful termination." Rather, the term refers to a broad group of laws that protect employees from termination in very specific situations.
Employment Contract
Finally, a small number of employees may have an individual contract for a specific term or period(i.e. 1-2 years). Employers are hesitant to enter into term employment agreements but occasionally use them to secure the extended services of professionals such as doctors, executive and teachers. These contracts are specific to the individual and might include a provision that requires cause for termination
Employment Litigation
The Virginia grievance process culminates with a hearing before a Hearing Officer from the Office of Employment Dispute Resolution. At the hearing, the employee has the right to cross-examine the Agency witnesses, call his or her own witnesses, and to introduce documents as evidence. The employee is entitled to be represented by counsel. The Hearing Officer has the authority to rescind Group notices, to order reinstatement, to award back-pay and to award attorney fees. However, the Hearing Officer cannot change Agency policy or award compensatory damages.
Severance Agreement
Companies sometimes offer severance agreements to employees who are being terminated, but the extra pay rarely comes free. For consideration, employers often include provisions that limit the employee's ability to sue the employer or disclose information about the company. Absent specific contract terms or a defined severance benefit plan, an employer usually is not obligated to offer severance payments upon termination of employment. However, a variety of situations can lead to a severance agreement, which sometimes may be referred to as a separation and release agreement.
Sexual Harassment
Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Personal Injury
Workers' Compensation cases, unlike personal injury cases, do not require that the employee prove employer negligence. In most cases, benefits are available regardless of the fault of the employer or employee, provided that the accidental injury was work related and the employee was not engaging in active misconduct.
Social Security Disability
Social Security Disability Insurance (SSDI) provides financial assistance to individuals who have become disabled and are no longer able to work. If you become eligible for SSDI your dependent children also may also be eligible to receive additional family benefits based on your SSDI eligibility.

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