Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a company in VA. We are thinking about hiring two

Customer Question
I have a company in...
I have a company in VA.
We are thinking about hiring two people- but I want to ensure that we will not be exposed to many liabilities.
We are a very small company- 4 full timers for now.
If I want to offer them a seasonal to full time after one year, how can I do that?Can also someone please explain the process of hiring new people in VA? Step by step?Also, can you please draft me " draft" offer letter format and forms for new hires to sign to waive certain liabilities?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
4/7/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,503
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First, we are forbidden from representing any customer of this site, including drafting documents for customers, by state law.
Second, since employment in VA is at will, meaning the employer can hire and fire employees for no reason or any reason except based only on the employee's age/race/sex/disability/national origin, so we do not know what you mean "the process of hiring new people in VA? Step by Step?" because it is quite a simple process, even hiring seasonal to full time employees and there is not really anything complicated. So please explain what you mean by this.
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
1. If I want to hire someone as a seasonal or from seasonal to perm position, can I state that in the employment agreement? Am I allowed to put an end date in the employee offer letter/employment contract?
2. As an employer, can I hire temporary employees? If so, do I need to create some type of different forms or contracts?
3. As an employer, what are the required documents to complete?
4. Can employees work more than 40 hours a week without getting paid overtime?
5. What are the required benefits to give to the employees as an employer in VA?
6. I have a potential candidate. He lives in MD and MD offers hiring incentive program. As a VA employer, can I still get MD hiring incentive program for this potential candidate? If this person moves to VA, can I still get this hiring incentive?
Also, this potential candidate has overdue childcare and a lot of issues. Do you see any liability my company might face hiring this person?
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your more specific questions.
1) You have every right to hire this employee however you want to hire them. So you can make them a seasonal employee in the employment agreement and you can put a termination date in the contract, stating that the contract ends on a particular date and that they will be terminated or offered full time employment at that time or may be offered additional seasonal employment.
2) You can hire any type of employee you want. You do not need special forms. As I said, employment in VA is considered "at will" and you can hire and fire for no reason or any reason at any time as long as you do not do so based only on the employee's age/race/sex/disability/national origin. There are no special forms or agreements necessary for this. Most at will employees are hired without any written forms at all.
3) You have other employees already, the forms do not change. You need to complete an I-9 employment verification (meaning you verify the person is not an illegal alien and has at least a visa for work) and a W-4 form for income taxes. You then notify the state unemployment division and add them into your unemployment and you also have to make sure they are covered under your workers compensation insurance as well. There are no other forms, you simply withhold the necessary taxes and you send them to the state/social security or wherever required, just like you do with your other employees.
4) Hourly employees must be paid overtime for all hours worked and time and one half for any time worked over 40 in one workweek. Only professional or management positions can be deemed exempt salary positions, meaning you can pay one flat salary to them no matter how many hours they work over 40 hours in a week. But for regular hourly employees, overtime is a must just like with your other employees.
5) You are not required to give ANY BENEFITS to an employee. You have to pay them and as a small employer you do not even have to provide health insurance.
6) No, the MD incentives are for hiring MD residents in MD. So if you hire them in VA there are no incentives from the state.
If they have child support issues and your company is served an order to garnish the employee's wages, you must garnish them and send them to the child support collection agency. If you say they have a lot of other issues, you may want to consider not hiring them for those issues, since issues can bleed over into employee performance (late for work, calling off work etc). However that is the only liability you would face.
Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 119,503
119,503 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am filing for unemployment but have no wage earned other
I am filing for unemployment but have no wage earned other than workers compensation. how do I file as well get that information … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
I got injured at work, I was denied workers compensation.
I got injured at work, I was denied workers compensation. However my doctor put me off of work because my injury consist of a fractured rib, I was still out on medical leave and my employer terminated… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Can a M.D. collect unemployment when she was terminated for
Can a M.D. collect unemployment when she was terminated for breaking apt care law? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
I was issued a citation in regards to workers compensation.
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. W… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Workers' Compensation Question Can the Release of medical
Workers' Compensation Question Can the Release of medical information form signed upon onset of injury be used 2 1/2 years later be used with my own physician not their wc physician to obtain my infor… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Workers' Compensation Question Upon with wc physician
Workers' Compensation Question Upon last follow up with wc physician continued work restrictions and physical therapy was given. Employers lawyer apparently did not like the continued benefits allowed… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Workers' Compensation Question Can I file an appeal for each
Workers' Compensation Question Can I file an appeal for each issue denied by wc or do I have to file one appeal and include all issues in that one appeal?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,620 satisfied customers
Workers' Compensation Question How can I find a wc lawyer in
Workers' Compensation Question How can I find a wc lawyer in neighboring state licensed to practice in state injury occurred in? Issue encountered injury state is small and rural many lawyer within th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have terminated the employment contract now my employer
I have terminated the employment contract now my employer has filed lawsuit Need assistance in facing the lawsuit … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
I have a worker compensation question anybody can help me
I have a worker compensation question anybody can help me with it … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
I was terminated from receiving unemployment because the
I was terminated from receiving unemployment because the attorney claims I went on Craigslist and caused a virus, but there was mitigating circumstances. … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My wife was medically retired after a workers compensation
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of reco… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers
I need help with a workers compensation case in california.
i need help with a workers compensation case in california … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,503 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x