Blogs

Employment Law

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background checks. The reasons for increased employer reliance on criminal background checks are straightforward – to control theft and fraud and address heightened…

July 1, 2015

Employment Law

New Law Limits Virginia Employers’ Access to Social Media Accounts

If you have questions related to this article, please contact our Employment Law attorneys: Doug Taylor rdougtaylor@beankinney.com or Maureen Carr mcarr@beankinney.com. Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants. Specifically, Va. Code 40.1-28.7:5 will prohibit employers from: Requiring a…

April 27, 2015

Business and Financial Services

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to those laws. Depending on the factual circumstances, one or more of these laws can apply simultaneously to the same employee. The overlap of these statutes can create a “perfect storm” of laws because it is so easy to get lost or disoriented in trying to follow them. Consider…

April 1, 2015