Legal Question in Employment Law in Virginia

What are the employee rights/recourse

Hired at will. Signed an offer that stated I was entitled to the full benefit package. The benefit package include a summary of all benefits effective the first day of employment (quarterly bonuses, 3-week paid vacation (w/o accrual), training and tuition reimbursement).

* Employer entered into a contract with the gov't providing she provide training to its employees who are required

* Terminated the benefits six months later

* Employees went to gov't to see if they will cover training

* Employees paid for training out of pocket

* Gov't informed employer of her contractual obligation

* Employer learned of the employees self paid training

* Employer threatened to take action if employee did not provide her with copies of what training was taken

* Employee did not have documents to provide

* After 9 months of employment, the employer designed a performance appraisal system tied directly to employee bonuses. Included criteria for the employee to maintain training on own

* Employees were terminated a few weeks later

In addition, the employer had full knowledge of an employees grievance complaint from another employer and deliberately charged the employee with a similar allegation, not investigated. Recourse


Asked on 3/15/06, 12:28 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: What are the employee rights/recourse

Recourse = 0(in my view). You were employed at will, therefore, you can be fired at will.

Reason: No contract that guaranteed you reimbursement/compensation for training which you paid for out of your pocket.(Employer's service contract with the government is not a substitute for a personal contract between you and employer which would guarantee your right of reimbursement for this expenditure. You, apparently, had no such contract.)

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Answered on 3/15/06, 3:31 pm


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