79

Virginia employer terminated employee and wants signing bonus returned Can the employer legally keep his last check and send the employee a bill for the remainder ? No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet ...


42

Not by payroll deduction, unless the agreement to do so was not a condition of employment While it is true (as Just a guy's answer notes) that under § 40.1-29(C) an employee may agree via "written and signed authorization" to an employer withholding money from paychecks, the agreement to do so must be voluntary and not a condition of employment/...


35

It depends on what your son signed § 40.1-29(C) of the Code of Virginia says employers need written permission to withhold anything besides taxes from paychecks: No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of ...


29

Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different. However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may ...


28

In British colonies and their successors It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no. Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. The 13th Amendment recognizes the possibility that slavery or involuntary ...


13

The short answer is that a few individual trades would be legal (e.g. if you sell some to a friend), but doing so on a regular basis for profit (e.g. offering a sale price and a bid price to all comers) would not unless you get the appropriate licenses and comply with relevant laws. Doing this is onerous. Any kind of "money services business" is subject to ...


12

They have exactly zero legal grounds to withhold your last paycheck. From Code of Virginia 40.1: All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every ...


9

There are a number of rules related to trespassing vegetation, reviewed in Lane v. W.J. Curry & Sons, 92 S.W.3d 355. Virginia law was set in Fancher v. Fagella, 650 S.E.2d 519, that encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining ...


7

Short Answer No. This is not legal under Virginia law. It is a serious crime. Long Answer The basic reasoning This would be actionable as aggravated sexual battery and punishable by up to 20 years in prison, because the facts demonstrate a touching of intimate parts with an intent to molest (i.e. sexual abuse) and this is accomplished through the victim's ...


5

Yes This statute means that all United States money as identified above is a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop ...


5

If you have a license and drive but forget your license and get pulled over what happens? You could receive a summons or citation (a.k.a. "ticket") for failing to carry a driver's license. Section § 46.2-104 of the Virginia Code states that it is a traffic infraction with a $10 fine to not have your license while driving. The operator of any motor ...


5

US federal law prohibits gender discrimination in some spheres, including employment (42 USC 2000e-2), but it does not prohibit it in public accommodations (42 USC 2000a): (a) Equal access All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public ...


5

Is it legal to sell/Trade Bitcoin for Cash in USA, Virgina? Yes. Your mention that you want to "start selling some of [your] bitcoins" conveys that you have owned the bitcoins for a while. That falls short of the meaning of money business service, where a license would be required. See also this answer. From legal and practical standpoints it might be ...


4

In Virginia there is a distinction between a tenant and an authorized occupant. An authorized occupant is a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the financial obligations as a tenant under the rental agreement. A tenant is a person ...


4

In my opinion, the sentence is a bit ambiguous. I'd lean toward agreeing that the employee kept their commitment, so termination might not apply. But, the problem with that is an employee could intentionally act in ways causing themselves to be terminated to keep the bonus. (Not saying that's what happened here.) If the judge felt it was ambiguous, like ...


3

The booklet from the condominium management could legally be seen as a part of the lease, and you should have been aware cars can be towed without notice, and have in fact agreed to that by living there. The fact that the tow company entered your car really isn't relevant; they are tasked with removing the car, and by law, they must do everything they can ...


3

The situation you describe is ordinary condemnation not inverse condemnation. If the government is actively taking legal/transactional effort to acquire the lot it is a condemnation. An inverse condemnation is when the government takes property without court process or trying to pay for it, and you sue for compensation for the property that was taken. If ...


3

A property owner has the legal right to set the rules for their property, which can include a no-pets policy. This includes property owned by the government, by government agencies, and government-funded operations. The service animal exception is the accommodation for disability that is required under the ADA and analogous state laws. So if you take your ...


3

The Commonwealth of Virginia defines a worker as an employee if his or her employer: Furnishes, tools, materials and equipment needed to do the work; Sets the hours of work; Withholds payroll federal and state income taxes and Social Security taxes Receives direction and training from the employer about how to do the work; and Is paid by the ...


3

The U.S. Constitution - Article 1, Section 10 is titled "Powers Prohibited of States," and it reads: No state shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, ...


3

If the police are able to attain a warrant that for some reason identifies your room and your things in particular, then they can search your room and seize your things. Ideally the police would have to give the judge or magistrate reasonable suspicion that their target has put some evidence in your room, or that some of your things are evidence relating to ...


3

The amended section 46.2-2101 is in Chapter 21 of Title 46.2. Chapter 21 deals with regulation of property carriers (e.g. moving companies). So the amendment to 46.2-2101 says that EPDDs are exempt from these Chapter 21 regulations. 46.2-2102 says, in general, that the Section 21 regulations apply to anyone who gets paid to transport property using motor ...


3

Given that the purpose of the bonus is to incentivize you to stay, and you are willing to do that, I see no reason why you shouldn't keep the signing bonus if you are fired. While this is not totally without ambiguity, it is at least a fair reading of the statement that a pay back applies only to a voluntary departure, and ambiguities are generally ...


3

You will also need to file your taxes properly The IRS and state will view this as a sale of a security. Any capital gain must be reported on your taxes, i.e. your normal Form 1040 that you file before April 15. You'll need to add Schedule D to your tax forms. Also, if this is a significant surge of income (e.g. more than a whole paycheck), you may ...


2

According to Virginia law, Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor. That speed easily qualifies as reckless driving: A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in ...


2

It doesn't come up a lot in U.S. contract cases so far as I know, mostly because the U.S. does not pass laws to disclaim its own debt. It can borrow at a very low interest rate because it pays its debts. There was some academic discussion a few years ago about whether Congress could change the law to eliminate the debt forgiveness and income-based ...


2

I can't give you a jurisdiction specific answer but at common law the situation is as follows. You had a contract, the basic terms of which were that they promised to do X & Y and you promised to pay them about $1,000. If that is all there is then you are obliged to pay for X & Y and it should cost about $1,000. The fact that they did Z is what is ...


2

One consequence would be that rape or robbery of a pregnant woman which resulted in the death of the fetus (not the mother) would be first degree murder, since the death arises in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction Premeditated murder of ...


2

Yes, Virginia nonstock corporations are required to have a board of directors...unless the members or directors expressly agree to eliminate it. Requirement for and duties of board of directors (§ 13.1-853) A. Except as provided in an agreement authorized by § 13.1-852.1, each corporation shall have a board of directors. B. All corporate powers shall be ...


2

A prosecutor has the discretion to change his mind up to the point that the defendant enters his plea in court and the judge accepts the deal. The American Bar Association standards on fulfillment of plea discussions (3-4.2(c) is stronger, not approving of backing out of a deal unless the defendant breaches the agreement or there are extenuating ...


Only top voted, non community-wiki answers of a minimum length are eligible