Frequently Asked Questions
How much will it cost?
The Loeschen Law Firm has a wide variety of pricing arrangements. The Firm provides services on an hourly basis, contingency fee, single price, and a blended fee arrangement which provides combines an hourly rate with a contingency fee arrangment. Depending upon the type of case, the Firm may charge a retainer.
I was wrongfully terminated: can I sue?
“Wrongful” termination in a legal sense is different from the ordinary meaning. If an employee is terminated in violation of a particular state or federal statute, then the employee may have been wrongfully terminated in the legal sense. An employee may also be wrongfully terminated, in the legal sense, if the employee is terminated for exercising their statutory rights in the workplace. For example, an employee who is terminated for filing a claim for worker’s compensation benefts could be wrongfully terminated.
Why is my employment “at-will”?
Unless you are a member of a union, or an employee of the Commonwealth of Virginia, a city or a county, your employment is “at-will”. At-will employment means that the employee works at the will of the employer, and the employee works for the employer at the will of the employee.
Can I require my employees to provide me with two weeks notice before they quit?
Although it is a custom, there is no legal requirement that an employee provide two weeks notice prior to leaving employment. It is also illegal to withhold an employee’s wages because they failed to provide advance notice of quitting.
Do I have to offer my employees severance pay?
No, you are not required to offer or provide severance pay. The employer is obligated to pay for the actual number of hours worked by the employee through the last pay period up to and including the last day of employment. Many employers offer severance pay in conjunction with a signed release of any legal claims against the employer, and this is an acceptable practice.
I have formed a single member LLC through the Virginia Corporation Commission website. Do I need to have an Operating Agreement?
Yes you do. An Operating Agreement is essential to avoid tax liability problems and to meet due diligence requirements for business transactions.
Our employee has alleged that she was sexually harassed by her supervisor. Does the Company need to conduct an investigation?
Yes, immediately. The parties should be temporarily separated until the investigation is resolved and the employer has reached a conclusion as to the validity of the complaints.
I was a passenger in my friend’s car and we got into an accident. Do I have to sue my friend to recover?
Most of the time, the insurance carrier will seek to settle such a case, but if the damages are high and there are serious injuries, then you may have to file suit. Your friend needs to understand that you aren’t suing him, you’re suing the insurance carrier that refuses to pay. You should also check with your own insurance carrier to determine coverage.
I am trying to settle a claim with my insurance carrier and they are offering me next to nothing to settle the claim. Do I need to contact an attorney?
In a case where the injuries are minor, often a person can settle the claim on their own without having to hire a lawyer and pay them a percentage of the recovery. The issue is whether or not the atttorney’s fee is going to end up costing more than what is being offered in settlement. If the claim is $3,500.00 or less and the insurance carrier refuses to pay, then there may be grounds for a bad faith claim. In that instance it is worthwhile to contact an attorney as well.
My company is considering a joint venture with another company. What do we need to do?
There are several things that need to be put into motion, but the first thing to do is to enter into a Non-Disclosure Agreement (NDA), which is a contract that provides both parties protection in disclosing trade secret or proprietary information to each other.