David Pearline also represents employees who have legal claims against their employers. Mr. Pearline also represents employers who face potential claims from employees or former employees. There are a number of such possible legal claims, which are set forth below.
A. Illegal Discrimination: Mr. Pearline represents employees who believe they are the victims of illegal discrimination in the workplace. It is illegal to discriminate against employees on the basis of race, national origin, color, religion, age, gender, or disability. Such discrimination may occur in the context of an adverse employment action or harassment that creates a hostile working environment. It is also illegal for an employer to retaliate against an employee who opposes an unlawful employment practice or files a charge of discrimination, testifies or otherwise participates in an investigation of illegal discrimination. Employers who are guilty of such discrimination may be liable for back pay, front pay, compensatory damages for emotional pain and suffering, and punitive damages. In addition, an employer can be ordered by a court to take certain affirmative action, such as re-instatement or promotion of the employee. Finally, an employer may also be required to pay the attorney fees of the attorney who represents the employee.
B. Denial of Overtime Pay: Mr. Pearline represents employees who have not been paid overtime in violation of the Fair Labor Standards Act (FLSA). For example, if you have been improperly classified as exempt from overtime pay under the FLSA and you have not been paid overtime, your employer has violated the law and you will be entitled to back pay owed to you, plus your employer must pay attorney fees. In addition, if your employer has improperly failed to pay a number of employees overtime pay, you may be able to bring a class action on behalf of yourself and other employees.
C. Denial of Leave: Mr. Pearline represents employees who have been improperly denied leave in violation of the Family Medical Leave Act (FMLA) or who have been penalized after returning from such leave. For example, if you and your employer are covered by the FMLA, and you have been fired or demoted for taking leave because of a serious illness, your employer has violated the law and your are entitled to reinstatement, damages and attorney fees.
D. Wrongful Discharge: Mr. Pearline represents employees who have been wrongfully discharged in violation of some public policy set forth in a Virginia Statute. For example, if an employer has been discharged for refusing an employer's instructions to violate a public policy set forth in a Virginia law, you may have a viable claim for wrongful discharge.
E. Breach of Employment Contract: Mr. Pearline represents employees whose employment contract has been breached as a result of an unjust termination. For example, if you have a written contract with your employer that states you may only be fired with just cause, and your employer terminates you without good cause, you may have a lawsuit for breach of contract.
F. Defamation: Mr. Pearline represents employees who have been defamed by their employer in the course of employment. The elements of defamation are (1) an actionable statement, (2) published with (3) requisite intent. To be actionable, the statement must contain a false factual connotation, and be defamatory to the employee's character. Publication is conveying the statement to a third party. The requisite intent is that the defendant knew the statement to be false, or believing it to be true, lacked reasonable grounds for such a belief, or acted negligently in failing to ascertain the truth. A qualified privilege exists if the communication is made in good faith between people with an interest in or duty related to the subject matter. The privilege can be overcome by demonstrating clear and convincing evidence that the defamatory statement was false and made with malice. Malice can be common law malice (ill will or spite) or knowledge that the statement was false or made with reckless disregard of its truth or falsity. Finally, a party must prove damages unless the statement is defamation per se. A statement is defamation per se if, for example, the statement imputes unfitness to perform or lack of integrity in the performance of the duties of a job or office.
G. Assault and Battery: Mr. Pearline represents employees who have been assaulted or battered in their course of employment by other employees. For example, if you are hit by a co-worker, you may be able to sue both the individual who hit you and your employer.
H. Fraudulent Misrepresentation: Mr. Pearline represents employees who have been deceived by their employer and suffered some type of damage as result of such deception. For example, if a prospective employer promises you a certain position at their company, and you leave your current employer to take the new position and your new employer then denies you that position, you may have an action for constructive fraud. The promise does not have to be made in writing for you to have a viable claim.
I. Covenants Not to Compete: Mr. Pearline represents employees who have signed covenants not to compete, and wish to challenge the legality of such covenants. For example, if you have signed a covenant not to compete with your employer after you leave employment with your employer, and your former employer alleges that you have violated that covenant, you may be able to defend against this charge on the grounds that the covenant is illegal because it is overbroad or vague. Furthermore, you may be able to obtain a declaration from a court that the covenant is illegal before going to work for a competitor.
J. False Imprisonment: Mr. Pearline represents employees who have been falsely imprisoned by their employers. For example, if management interrogates you about an incident and physically prevents you from leaving while the interrogation is underway, you may have an action for false imprisonment.
K. Tortious Interference with a Valid Contract: Mr. Pearline represents employees whose contractual contract with an employer has been disrupted by the interference of a third party. For example, if a third party conspires with an employer to provide pretextual grounds to discharge an employee, the employee may have a viable claim against the third party for tortious interference with a contractual relationship. If the contract with the employer is "at will," meaning that the employer can fire the employee for good reason or no reason at all, then the employee must allege improper methods used to interfere with the contract. Examples of improper methods would be violence, threats or intimidation, bribery, fraud, duress, etc.
L. Security Clearance Issues: Mr. Pearline represents employees who face revocation of their security clearance. In many instances, revocation of the security clearance will lead to loss of employment. Therefore, to maintain employment, it will be necessary to challenge a proposed decision to revoke a security clearance.
M. Unemployment Compensation: Mr. Pearline represents employees who are seeking unemployment compensation before the Virginia Employment Commission. Mr. Pearline also represents employers who seek to deny unemployment compensation to their former employees.
N. Appeals: Mr. Pearline represents employees or employer who have had an adverse judgment made against them and who seek to appeal that judgment to an appellate court.
Please contact Mr. Pearline to determine whether you may have a viable employment related claim The initial consultation fee for an employment related claim is $100.
Mr. Pearline will represent employees who have a viable employment related claim on either an hourly fee basis, a contingency fee, a mixed fee which combines elements of both, or a flat fee in certain cases. Mr. Pearline will represent employers on an hourly fee basis.