Questions answered by Susan A. Wuchinich

Archived

How can I find out what a previous employer said as a negative job reference and/or if it was legal?

Susan's answer | Answered on September 02, 2011

In Virginia, an employee must offer strong evidence to show that the employer acted with malice in order to prevail in a suit alleging defamation. ...

Archived

Several years ago I was working for a cable company, and was given a 30 day notice because I could no longer use a pair of hooks

Susan's answer | Answered on August 27, 2011

Technically yes, if the employer stated that your past EEOC activity was the reason for not hiring you. Proving it is another matter. I suggest...

Archived

I was told that my position was being deleted due to not being able to profitt if they continued to pay 2 people.

Susan's answer | Answered on August 19, 2011

You have not given enough facts to allow me to give you an answer. In general you do not have a right to contest a termination in Virginia unless...

Archived

What action should i take in order to get my last paycheck.

Susan's answer | Answered on August 19, 2011

If contacting the Virginia Department of Labor and Industry or US Department of Labor Wage and Hour Division does not get them to release the...

Archived

If my offer clearly stated I was to be salaried, can my employer deduct random time missed?

Susan's answer | Answered on August 06, 2011

If you employer is subject to the Fair Labor Standards Act and you are an exempt salaried employee, the employer cannot deduct on a hourly basis...

Archived

Can you collect unemployment if employer takes away all assigned tasks and does not tell you that you are laid off?

Susan's answer | Answered on July 28, 2011

You don't say whether you are still receiving payment from the employer; if you are receiving payment for your "job", you will not be eligible for...

Archived

I was terminated for: malicious statements concerning co-workers, management, the corporation (shall remain nameless).

Susan's answer | Answered on July 24, 2011

I am not licensed in Virginia because I haven't been able to take the test so I cannot really assist you with a possible defamation claim. To find...

Archived

Can you please tell me what to expect during a phone hearing with a Deputy regarding receiving unemployment in the state of VA?

Susan's answer | Answered on July 19, 2011

I do not think it wise for you to explore your situation through avvo as my response, which should be confidential, can be seen by others. You can...

Archived

Getting paid for overtime

Susan's answer | Answered on June 29, 2011

If your employer is covered by the Fair Labor Standards Act, there are a host of other OT exemptions that may apply to you (for instance, car...

Archived

Was accused of stealing, fired, and told in a wrtten letter that my paycheck was being held for restituion.

Susan's answer | Answered on June 22, 2011

You should first contact you local US Department of Labor's Wage and Hour Office and file a complaint for your last paycheck with an investigator. ...

Susan A. Wuchinich's Answers (2101)

How can I find out what a previous employer said as a negative job reference and/or if it was legal?

Several years ago I was working for a cable company, and was given a 30 day notice because I could no longer use a pair of hooks

I was told that my position was being deleted due to not being able to profitt if they continued to pay 2 people.

What action should i take in order to get my last paycheck.

If my offer clearly stated I was to be salaried, can my employer deduct random time missed?

Can you collect unemployment if employer takes away all assigned tasks and does not tell you that you are laid off?

I was terminated for: malicious statements concerning co-workers, management, the corporation (shall remain nameless).

Can you please tell me what to expect during a phone hearing with a Deputy regarding receiving unemployment in the state of VA?

Getting paid for overtime

Was accused of stealing, fired, and told in a wrtten letter that my paycheck was being held for restituion.