I-9 Forms matter now, more than ever
May 14, 2008
It’s election season, and immigration is on the short list of any candidate who wants to be taken seriously on a national basis.
The proposed programs may vary, but all of them have one thing in common: penalizing the employers who hire undocumented workers. That’s something that shows up even on a state level, with a […]
No SOX shelter for bouncing your boss
May 14, 2008
Here is today’s tip for a happy workplace: Don’t threaten to have police remove the company HR director, your superior, from a company-funded holiday lunch.
If you do deny admission to the festivities, don’t expect Sarbanes-Oxley to provide protective cover if you’re fired.
In Livingston v. Wyeth Inc., a 4th Circuit case reported March 24, plaintiff Mark […]
Moral: Don’t write that stuff on the company computer
May 14, 2008
Here’s a nugget for HR people from Banks v. Mario Industries of Virginia Inc., decided last year by the Supreme Court of Virginia: Disclaimers about no expectation of privacy in the use of company computers will be upheld, and attorney-client privilege is no help to an ex-employee on the point.
The Banks case was a business-tort […]
How to use bonuses for rewarding staff
May 14, 2008
A client recently called me with a good problem. The office administrator of his firm was someone who, as the lawyer said, “takes more initiative than anyone I’ve ever had around here.” That ranged from volunteering to making collection phone calls on overdue accounts, to using personal time for reading one of my books on […]
Most state SS claimants avoid long hearing delays
May 14, 2008
Most Virginia Social Security disability claimants and their attorneys have avoided the long hearing delays that recently have plagued other areas of the country. Claimants in Northern Virginia, however, often wait a year or more for their hearings, and attorneys there are feeling the heat as the process slows down.
“We’ve got people screaming at […]
Toyota case highlights partnership law issues
May 14, 2008
A family dispute over a Toyota dealership in Northern Virginia has produced the first appellate ruling in the state over the standing of a limited partner to file a derivative action on behalf of the partnership.
The Supreme Court of Virginia ruled on April 18 that the limited partner lacked standing to bring the suit largely […]
Identifying and securing intellectual property
May 14, 2008
Companies can lose out when they fail to timely identify and secure ownership rights in their hard-earned work product.
Businesses, both big and small, can lose valuable property and the commercial advantage that comes with it. To guard against such loss, company officials need to undertake certain disclosure and ownership strategies.
First, business people, especially in […]
Insurance won’t pay for mold remediation
May 14, 2008
A Northern Virginia builder won’t be able to recover all its costs for remediating mold damage at a townhouse development it built in Gaithersburg, Md.
The townhome project, erected in 1999-2000, developed problems immediately with mold on wooden trusses and on gypsum board firewalls used in the homes. A subcontractor had provided the trusses, warranting […]
Condo buyers, facing slower market, stuck with investments
May 14, 2008
Some condominium purchasers in Northern Virginia, especially those who bought the condos as investments, are trying to get out of their contracts by contending that they violate the federal Interstate Land Sales Full Disclosure Act.
In some instances, the buyers are responding to the slow-down in the real estate market by bailing out.
They are […]
Battle is on over Episcopal Church property
May 14, 2008
A Fairfax County circuit judge has set the stage for what promises to be a hard-fought court battle over title to property occupied by 11 breakaway Episcopal Church congregations in Virginia. In an 83-page opinion, Judge Randy Bellows determined that Virginia law provides a vehicle for determining ownership of the disputed land.
The critical question now […]
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