Employment Law

Spotts Fain assists clients in a wide variety of matters involving the complex legal and factual issues that often arise out of federal and state labor and employment laws. We primarily represent employers, but we also sometimes represent individuals, especially regarding employment contracts and restrictive covenants such as non-competition, non-solicitation, and confidentiality agreements. We both counsel clients and litigate disputes regarding labor and employment issues.

Employment Law Counseling

We know that sound policy and practice can minimize legal expenses, liabilities, and management distraction. Providing specific advice often requires that we learn and understand your policies, review your records, and/or gather relevant information from knowledgeable or involved witnesses. Our litigation experience informs our advice, and our goal is to eliminate risk and place you in the best position should litigation arise. Our employment counseling services include:

  • Drafting and reviewing employment contracts, including restrictive covenants, employee handbooks and other employment policies, and severance agreements;
  • Compliance advice regarding potential wrongful discharge claims (including Bowman claims under Virginia common law), sexual and other discriminatory harassment investigations, and technical issues such as wage and hour and wage payment rules;
  • Government compliance audits;
  • Supervisor and management training;
  • Executive compensation design; and,
  • Legal compliance audits, including due diligence for business transactions.

Employment Litigation

Our attorneys litigate employment matters in both federal and Virginia courts. Our familiarity with the opportunities and pitfalls of litigation helps our clients assess their situations realistically and make confident decisions about their course of action. Our litigation experience includes:

  • Unemployment benefit disputes where additional employment claims are expected;
  • Representation before the EEOC, including meditation, investigation, position statements, and conciliation;
  • Breach of contract and related claims;
  • Common law tort claims as sometimes arise in employment matters;
  • Restrictive covenant litigation; and,
  • Litigation under laws including Title VII, § 1981, ADA, ADEA, FLSA, FMLA, WARN, the Virginia Human Rights Act, and the Virginians with Disabilities Act.