Company Owner Liable Unpaid Wages

If the company does not pay my wages, is the owner responsible?

The failure to pay minimum wages or overtime wages often means that the individual owners of the company are liable.  The overwhelming weight of authority is that corporate officers and/or owners are employers under the FLSA when they engage in some operational control over the corporate employer.

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Posted in Employment Law
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Personal Injury Compensation

Compensation for Virginia Personal Injury Claims

(1) any bodily injuries sustained and their effect on health according to their degree and probable duration;

(2) any physical pain [and mental anguish] suffered in the past [and any that may be reasonably expected to suffer in the future];

(3) any disfigurement or deformity and any associated humiliation or embarrassment;

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Unpaid Wages Retaliation

The Fair Labor Standards Act (FLSA) prohibits retaliation against an employee (including discharge or discrimination) by employer because the employee has filed a complaint or instituted any proceeding related to the Act generally.

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Virginia Premises Liability

An “invitee” is one who visits premises lawfully at the express or implied invitation of the owner. An express invitation is made directly or indirectly by spoken or written words.  An implied invitation is one made by holding open the premises to others for some particular purpose.

The owner of premises has the duty to use reasonable care to have the premises in a reasonably safe condition for an invitee’s use consistent with the invitation;

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Posted in Personal Injury Law
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Police Crash Reports

Police crash reports are not admissible in court to prove that the accident was the other driver’s fault.  They are used as a method for the state of Virginia to collect information on crashes for accident prevention purposes.

A favorable crash report can help you, because an insurance company may use it to help make a decision in your claim,

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Insurance Claim Process

Insurance Claim Process

The following discussions in the insurance claim process are important and occur early in the process.

Discussion One

The first person you speak with at the insurance company says he or she is “just gathering information, and a claims adjuster will be assigned to your case and will contact you to settle the claim.“

This does not necessarily mean the insurance company will settle the claim or settle it fairly. 

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Posted in Personal Injury Law
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Business Interference

In general, tortious interference with an existing contract not terminable at will requires four elements. 1) A valid contractual relationship; 2) knowledge of the relationship by the interferer; 3) intentional interference; and 4) damage to the relationship.

A terminable at will contract requires the additional element of “improper methods.”  Duggin v.

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Posted in Business Law
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Hotel Injury

Hotel Injury – Right to Assume Premises Safe

While the common definition of negligence is the failure to use such care as an ordinarily prudent person would exercise under the same or similar circumstances, negligence is a relative term and the degree of care in fact should be greater or less commensurate with the circumstances….

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Virginia Assault

Assault is an intentional tort in Virginia and gives rise to a claim for compensation.

An assault is any threatening act that puts another person in reasonable fear of imminent physical injury. Words alone are never an assault.

Clark v. Commonwealth, 279 Va.

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Sexual Harassment

Broadly, courts recognize two categories of sexual harassment as actionable under Title VII. “Quid pro quo” harassment occurs when an employer conditions an employee’s job status, or takes a tangible employment action, based on the employee’s submission to a supervisor’s sexual harassment. Employers are strictly liable for sexual harassment that results in a tangible employment action.

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Posted in Employment Law
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