In this edition of Ask General Counsel, provided by the attorneys of General Counsel, P.C., we discuss the top five employment law misunderstandings.
1. Virginia is a right-to-work state – so my employer cannot fire me, right?
NO. Being a “right to work” state has absolutely nothing to do with an employee’s right to work or ability of an employer to terminate employment. It deals with labor unions. Specifically, a “right to work” state has laws that provide that no employee can be forced, as a condition of employment, to join or pay dues to a labor union. So, in Virginia (and other states with right-to-work laws), if an employer is unionized, an employee cannot be forced to join or pay dues to the union. If the workplace is not unionized, right to work is irrelevant.
2. I know my employment is “at-will,” but that does not mean my employer can fire me without cause, right?
NO. At-will employment means that an employer can terminate an employee, or an employee can quit, at any time or for any reason, or no reason, without incurring legal liability. Now, there are “exceptions” to at-will employment, such as the public policy exception (for example, you cannot be fired for refusing to take illegal action), or an implied or written contract that modifies the at-will relationship. And, even if an employer can terminate an at-will employee, there are local, state and federal laws prohibiting discrimination and retaliation.
3. My employer calls me a 1099 contractor and I’m...
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