Employment Lawyer

Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S.

If you’re like many people, your career is one of the most valuable assets you have. While litigation should always be a last resort, it is sometimes necessary in order to protect what you have worked so hard to build. That is why we focus a significant portion of our practice on employment law and represent a diverse range of clients including corporate officers and medical professionals.

When you are facing a difficult employment situation or harm to your career, you need an experienced attorney on your side. We have helped many employees in Virginia and around the United States obtain six and seven-figure recoveries for harm done to their lives and careers. We may be able to help you pursue legal action for a variety of situations.

If you live in Virginia Beach, Hampton Roads, Washington D.C., or throughout the U.S., please contact attorney James H. Shoemaker, Jr. at 757-223-4580 to discuss your case.

Wage and Hour/Overtime Violations of the FLSA

Overtime pay wage and hour violationsEmployees deserve to work reasonable hours and to get paid a fair wage for their time and effort. There are laws in place on local, state, and federal levels to protect workers when it comes to potential wage and hour violations. One of these laws is the Fair Labor Standards Act, also known as the FLSA.

If your time has been exploited or you have been underpaid for your work, you deserve compensation. Mr. Shoemaker has the experience necessary to handle wage and hour cases.

Sexual Harassment and Sexual Assault in the Workplace

We all deserve to work in an environment free from inappropriate behavior. Unfortunately, sexual harassment and assault still occur in the workplace. Men and women can be affected by companies that tolerate a hostile work environment or supervisors who attempt to use their power to coerce sexual favors.

Examples of sexual harassment at work can include:

  • Offensive and unwelcome conduct
  • Requests for sex or a sexual relationship in exchange for favors or continued employment
  • Sharing or displaying sexual photographs
  • Making sexual jokes
  • Threats of a sexual nature

This behavior is unacceptable, deplorable, and something that no one should have to deal with.

Employment Contracts

Workplace contracts are often difficult to understand and comprised of complicated legal terms. When you are presented with a contract, it helps to have an experienced lawyer on your side who can determine if it is fair or beneficial to you to proceed with the agreement.

We handle several types of contracts including:

Wrongful Discharge

Most employees that have been let go from their job tend to feel that they have been unfairly terminated, but that does not necessarily constitute a wrongful discharge case. But while employers have the right to fire employees for a number of reasons, there are some unlawful reasons for termination. Instances of wrongful termination can include a violation of federal anti-discrimination laws, a breach of contract, or a retaliatory action.

An experienced employment lawyer can help you determine if you have been wrongfully discharged and what legal options you may have.

Workplace Retaliation

While the most common form of workplace retaliation is wrongful termination, as mentioned above, retaliation can include a wide range of unjust actions such as pay cuts. Retaliation often occurs after an employee engages in a legally protected behavior, such as reporting sexual harassment.

You deserve to continue to hold the same position and benefits that you did before you reported unethical behavior or attempted to defend your rights as an employee. If you think that you have been punished unfairly at work in the form of retaliation, contact Mr. Shoemaker today.

Employment Discrimination

Employment discrimination can occur whether you are looking for a job or already hold a position. Employers are prohibited from making hiring or firing decisions, pay cuts, or other supervisory decisions based on someone’s protected personal characteristics.

A common form of workplace discrimination is racial discrimination. Your race, gender, age, and other factors are also protected from discrimination at work.

Security Clearances

We have the experience needed to handle cases regarding security clearance for a variety of employment fields. For many people, losing their security clearance at work can lead to loss of employment and damage to their career.

We know how to handle this difficult area of employment law and we can work to protect your best interests in security clearance cases.

Government Employees/MSPB/EEO

Unfortunately, government employees can also be subject to issues of employment law. Federal employees often need to challenge these adverse issues on the agency level in order to prevent undesirable actions from being taken. We know how to represent federal employees out of the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB).

Experience and Sound Advice

Experienced attorney James H. ShoemakerNot every client wants to or should pursue a lawsuit. It should generally be the last resort. We often advise clients on issues important for maintaining their career path and lessening the effect of adverse employment actions, without litigation, including advice/representation related to:

  • Minimizing the damage to your career arising from an adverse event
  • Reviewing and providing advice regarding non-compete and restrictive covenants
  • Reviewing employment contracts
  • Reviewing severance agreements
  • Maximizing your chances of receiving unemployment benefits

Mr. Shoemaker understands the difficulty you face in standing up to unjust and illegal employer actions. Whether you are dealing with wage and hour violations, sexual harassment, employment contract, restrictive covenant or non-compete disputes, or a simple grievance hearing, we will vigorously advocate for your interests.

Call Today for Your Employment Consultation

If you are in need of legal advice regarding an employment matter, call Mr. Shoemaker, a partner at Patten, Wornom, Hatten & Diamonstein, today at 757-223-4580 to arrange your free consultation* with an experienced employment law attorney. Our experience is national, and we welcome clients from Virginia and across the United States.

We offer free consultations* for whistleblower, overtime and sexual harassment cases. For most other types of general employment consultations, we provide a free screening* by a paralegal, but we have no choice but to charge consultation fees for attorney consultations because the demand for these services is so large.