Albo & Oblon, L.L.P - Arlington/Main Office.
2200 Clarendon Blvd., Ste. 1201
Arlington, VA 22201
(703) 312-0410
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Albo & Oblon, L.L.P -- Fairfax County Office
6367 Rolling Mill Place, Suite 102
Springfield, VA 22152
(703) 455-0046
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Albo & Oblon, L.L.P. -- Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street, Suite 435
Norfolk VA 23510
(757) 200-7900
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Albo & Oblon, L.L.P. -- Washington, D.C./Maryland Office
641 Indiana Avenue, N.W., Second Floor
Washington, DC 20004
(202) 386-7470
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The Hiring Process
Q: What questions may an employer ask a prospective employee?
A: Generally, an employer must avoid questions that seek the applicant's race, color, religion, sex, national origin, age, disability, or health. Such inquiries raise the question of whether a company is basing an employment decision on a prohibited factor.
Questions to avoid include:
- Marital or Family Status
- Age, Sex, Height, Weight, or Eye/Hair Color
- Health or Physical Limitations
- Citizenship
- Economic Status
- Availability to Work Religious Holidays (including Saturdays and Sundays)
- Criminal Record (unless it is somehow "job related")
Q: Should employers and employees use a written employment contract?
A: There are pros and cons to a written employment contract. On the one hand, a contract clarifies expectations. On the other hand, it may serve to defeat the "at will" employment status and disadvantage one party or the other. For example, if the contract were to simply read, "Employee shall be paid $60,000.00 per year," rather than "Employee shall be paid a base salary of $2,500.00 bi-monthly, which is $60,000.00 annually," the employee may argue that the contract is for a term of one year. Under this theory, if the employer were to fire the employee without cause, the employer could be liable to the employee for the total salary.
Q: When must an employer pay "time and a half?"
A: An employer must pay time and a half for all hours an employee works over 40 per week. There are a number of employees who are exempt from this requirement, however. Generally, if an employee exercises professional, executive, managerial, or outside sales functions, he is exempt from this law and is not entitled to overtime pay.
Many employers misclassify their employees and the penalty can be severe.
Q: May an employer demand that all employees submit to a polygraph (lie detector test)?
A: Generally, no.
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Serving the Commonwealth of Virginia, the District of Columbia, and the State of Maryland
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