Frequently Asked Questions
Patrick Henry's partners and of counsel associates revere education and enlightenment. Here in our frequently asked questions page, we hope to communicate important information to you.
- Can an employer reduce an employee's rate of pay?
- Should I buy a business that owes back sales taxes?
- What are the penalties for white collar crime?
- Can the police question someone under the age of 18 without a parent or guardian present?
- Can I collect child support if my husband has adopted my son?
- Why can't I sue my employer for my injury?
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Can an employer reduce an employee's rate of pay?
The Virginia Department of Labor and Industry says, "Yes. An employer can reduce an employee's rate of pay provided the reduction does not bring an employee's wage below the applicable federal or state minimum wage. Also, an employer must notify the affected employee prior to his being allowed or required to perform work at the reduced rate; the employee has the right to accept the lower rate or quit."
Should I buy a business that owes back sales taxes?
Common sense suggests walking away from such an arrangement unless you get a written agreement from the state division of revenue that explicitly guarantees that it has no lien against the business/business assets that you buy.
What are the penalties for white-collar crime?
White-collar crimes can carry stiff penalties, including prison sentences that can sometimes exceed the sentences for crimes like armed robbery.
Can the police question someone under the age of 18 without a parent or guardian present?
The District of Columbia uses what is called a "totality of the circumstances" test to decide if a juvenile has validly waived his or her Miranda rights. The court considers a variety of factors to determine whether the juvenile made his waiver (and any subsequent statements) knowingly, intelligently and voluntarily. After assessing these factors, the court decides whether the juvenile's waiver was voluntary and whether the juvenile sufficiently understood both his rights and the consequences of giving them up.
Can I collect child support if my ex-husband has adopted my son?
Your ex-husband has no obligation to support your son after the adoption. However, the adoption normally would not alter any child support arrearage that accumulated before the adoption, so your ex-husband would still be liable for unpaid support prior to the adoption. The adoption terminates the legal relationship between the parent and the child, and creates a legal relationship between the adoptive parent and the child. It is that relationship which is the source of the obligation to pay support.
Why can't I sue my employer for my injury?
In 1918, the State of Virginia decided that industry and labor were better served if employers were required to provide workers compensation insurance as a cost of doing business rather than the worker having to rely on the uncertainty of personal injury lawsuits. Thus, in almost all workers compensation cases, you do not have a personal injury case as an additional remedy.
