This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

One of our major practice areas involves representing individuals in security clearance law matters.

We frequently speak to individuals who have issues or concerns relating to their security clearances and are seeking a new position elsewhere. We decided to put together some tips for employees that are changing positions in the context of holding a security clearance.

Tips for employees leaving one cleared position for another:

Leave Your Existing Employer on Good Terms

It is very important to leave your employer on good terms when taking a new position elsewhere. The better the departure, the less likely that you will have issues relating to your security clearance. Keep in mind that a former employer can still report security concerns about a former employee even when they have left.

I recommend the cordial departure approach with supervisors and the company and that the individual take every step possible to keep their former employer happy while you leave.

Know the Status of One’s Clearance Before You Go

It is important to know the status of your clearance before you leave. Too often we have seen a person accept a new position but not realize that their security clearance was out of scope or pending re-investigation, possibly leaving them without an active clearance when they leave.

There is also the possibility that a negative incident report is pending which is unknown at the time of departure. This is a major potential problem where an employee has left their position thinking that all is okay, but then later find out (usually after 2 weeks at the new job) that there is a problem with their security clearance which often leads to a termination.

Have the New Employer Check Your Status Before Leaving the Former Employer 

The individual leaving employment should confirm and re-confirm with the new employer’s security office the status of their security clearance.

This is especially the case where an individual maintains a security clearance in one system, i.e. the Department of Defense JPAS database and attempts to move to a position with an Intelligence Community agency (i.e. NSA, CIA) which is covered by a different database known as Scattered Castles. Sometimes these two databases do not sync well which can cause issues and delays.

Individuals Having Security Incidents Should Take it Slow Before they Leave

One of the most common problems that we come across is when an individual knows that they have an incident report but they still attempt to move to the new employer before their security issue is adjudicated and cleared.

If an individual knows that they have an incident report pending they are typically much better off by staying with their existing employer who will likely keep them employed while the matter is adjudicated. The new employer is far more likely to tell an individual, only after they have left their prior employment, that their clearance has an issue and that they can no longer hire them.

Special Transition Notes

When there is a difficult transition like when the employer is upset with an individual leaving their position for another job it is important to be very careful what the employee takes when with them when they leave the office. We have had numerous cases where an employee leaves one employer under less than favorable circumstances and then the employer claims loss of confidential information and reports the employee to clearance authorities.

In particular, an individual should be very careful in what they take from their computer or printed files from the office. If there is any question, get permission from the employer. Some clients have been reported for taking company emails, files or other information, even if not classified which results in significant security clearance issues.

Conclusion

If you need assistance with a security clearance issue, please contact our office at (703) 668-0070 or at www.berrylegal.com or securityclearancelawyer.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.

Meet Orion, a male Labrador Retriever mix available for adoption locally.

Here is what his friends at Safe Haven Puppy Rescue have to say about him:

Orion and his siblings Olga and Olive are beautiful black lab mix babies, just 12 weeks old and now ready to go to their forever homes. Orion and Olga are a bit bigger than Olive at about 20 pounds but who knows if that will last. We think this group will be a nice medium size of 45 to 55 pounds when grown, give or take a little.

All three of these pups have friendly, happy dispositions and are fairly calm for puppies as you can see in their pictures — we often have to hold the pups to get any kind of pics at all, but these three were very cooperative and happy to pose during their photo session.

This great little guy is a nice blend of friendly affection and normal puppy playfulness and will be great company.

This is a sponsored post by Eve Thompson of Reston Real Estate.

There are just 184 properties on the market in Reston today.

The market is generally very active with 142 properties in a pending status that are making their way through the settlement process. Days on market for pending property is short, averaging just 12 days. For property in an active status the picture is much different. 25% of the housing inventory has more than 100 days on the market.

If you have a property that’s been hanging around it’s time to ask your agent for a new set of comparables, chances are you’ve come on to the market too high to drive buyer interest.

Here are a few of the new houses to hit the market this week.

• 1630 Oak Spring Way, 3 BR/3.5 BA — $499,999
• 1690 Moorings Drive, 5 BR/3.5 BA — $660,000
• 2520 Freetown Drive, 4 BR/2.5 BA — $575,000
• 1953 Weybridge Lane, 4 BR/ 3 BA — $699,900
• 2237 Lovedale Lane Unit D, 2 BR/2 BA — $289,900
• 2408 Ansdel Court, 4 BR/2 BA — $475,000

Meet Sam, a Domestic Short Hair kitten available for adoption locally.

Here is what his friends at Little Buddies Adoption and Humane Society have to say about him:

Sam is a delightfully affectionate and fun-loving kitten.

He was a bottle-fed kitten, so he has really learned to love people! He also loves his siblings with whom he runs around and plays. He was also raised around a cat-friendly dog.

Sam will make someone a great buddy for life. Sam will be about 8 weeks old the end of June.

Are you and Sam a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.

We’ve been acting like it’s summer and been a little slack in getting the weekly numbers out — we’re going to put on our serious face and do better.

So, here’s how the sales in Reston have been this past month. We continue to have low inventory with just 201 active listings. Settled transactions in the same time period were 135, so that means we have about 1.4 months’ worth of housing inventory; meaning that in theory, if no more houses came on the market we’d sell all of the available stock of houses in 1.4 months.

Here are some of the recent sales in Reston.

10753 Blaze Drive
4 BR/4.5 BA
List Price: $1,075,000
Sold Price: $1,050,000

1550 Northgate Square #12B
2 BR/1 BA
List Price: $249,000
Sold Price: $255,000

2020 Mock Orange Court
4 BR/2.5 BA
List Price: $799,000
Sold Price: $799,000

2359 Paddock Lane
4 BR/3 BA
List Price: $649,900
Sold Price: $681,000

11539 Maple Ridge Road
3 BR/2.5 BA
List Price: $499,900
Sold Price: $510,000

1509 Chatham Colony Court
4 BR/3.5 BA
List Price: $454,700
Sold Price: $440,000

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By Kimberly H. Berry, Esq.

A new Virginia employment law has gone into effect that restricts what employees and employers can agree to in non-disclosure agreements as a condition of the employee’s employment.

On February 22, 2019, the Virginia Governor signed off on House Bill 1820, affecting all Virginia employers. HB 1820 was unanimously passed by both the Virginia House of Delegates and the Virginia Senate during the Virginia General Assembly 2019 Regular Session.

The new law specifically limits the scope of non-disclosure and confidentiality agreements between employees and employers regarding the disclosure or concealment of sexual assault claims.

The new law, at Va. Code § 40.1-28.01, prohibits a Virginia employer from requiring an employee or prospective employee from agreeing to a non-disclosure or confidentiality agreement that attempts to conceal the details relating to a claim of sexual assault as a condition of employment. Under the new Virginia law, claims of sexual assault include claims of rape, forcible sodomy, aggravated sexual battery and sexual battery.

Va. Code § 40.1-28.01 provides that these types of settlement provisions are contrary to public policy, void and unenforceable in the courts. Va. Code § 40.1-28.01 further provides that the new prohibition on non-disclosure and confidentiality agreements will in no way limit other grounds that exist in law or equity for the unenforceability of any such agreement or any provision of such agreement.

The new law can affect new and existing non-disclosure or confidentiality agreements that attempt to hide claims of sexual assaults related to employment.

Conclusion

If you need assistance with a federal retirement or an employment issue, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.

Meet Rambo, a male Terrier & Shepherd mix puppy available for adoption locally.

Here is what his friends at Safe Haven Puppy Rescue have to say about him:

Rambo and his siblings Rocky and Stella are beautiful little mixed breed babies who likely have terrier, shepherd and collie genetics, a real doggie potpourri — they’re all just as cute and happy as they come.

As they’re fairly petite now at 12 weeks old we don’t think they’ll be very big when grown, maybe about 35 pounds or so, a nice medium size.

This great pup is a nice blend of friendly affection and normal puppy playfulness and will be great company. This friendly, happy little fella is going to bring lots of joy to some lucky adopters.

Are you and Rambo a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

Meet Molly, a young Domestic Short Hair available for adoption locally.

Here is what her friends at Fancy Cats Rescue Team have to say about her:

This young lady (1.5 years old) is super friendly, adjusts quickly to new environments and loves to play. She especially loves throwing her toy mouse in the air and carrying it around with her in her mouth.

She does well chilling independently, but also loves to be around people and sit in laps. She would prefer to be the queen of the household, but would also be fine with another kitty if they give her space.

Although she might be too much for small children to handle, she would make a great addition to those with older children or someone that wants a furry roommate. She deserves a home where she can relax and be the young cat she didn’t get to be due to having kittens!

Are you and Molly a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

By Nicola Caul Shelley, Synergy Design & Construction

We’ve all been there. We pin design and remodeling ideas like crazy on Pinterest, sit glued to our favorite HGTV show and watch with envy as another house is transformed into a dream home.

Or, we browse Houzz projects and wonder how such a dark, closed-in Kitchen became a light and airy space that looks twice the size, but… we are completely stuck when it comes to our own home!

There are a number of reasons why this happens:

• Maybe you just don’t know where to start, and the different ways to remodel is making your head spin
• The horror stories of renovation nightmares made you wary of taking on a remodeling project of your own
• You just don’t want to deal with the disruption and stress and put up with a space even though it bothers you every time you walk into it

It doesn’t have to be like this! While remodeling can be tricky, it doesn’t need to be stressful. It is possible to have a more zen-like experience and keep your stress in check. While there are many ways to feel more in control, here’s a FREE download of the top ten: Ten Secrets to a Stress-Free Home Remodel.

This month’s featured remodel is a single family home in Reston. Our clients were ready to update the home to better reflect the contemporary architecture as well as open up the floor plan of the Main Level. As a busy and musical family of five (with their eldest child soon to be college-bound), they have A LOT going on!

It would have been easy to put it off indefinitely or wait until all the kids were in college before getting started, but the entire family were “all in” and ready to partner with us to keep stress to a minimum during their remodel. Our main goal was to create more open, light filled spaces to allow the family to gather together and enjoy their home for many years to come.

If you’ve been thinking about remodeling for a while, but just keep putting it off because it all seems too much of a hassle, now is a good time to take the first step on your stress-free remodeling journey!

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

In April of 2016, we earlier wrote on the efforts of the U.S. Women’s National Soccer Team and their efforts to receive equal pay as compared to the U.S. Men’s National Soccer Team.

Much has happened in the past three years to warrant an update. For one, the women’s team has won another World Cup, recently with a 2-0 victory over the Netherlands. For another, national sponsors of soccer (e.g., Procter and Gamble) have begun to join the fight for equal pay on the side of the women’s team. Lastly, the equal pay movement has become stronger over the past three years. Attached is a copy of the original equal pay complaint.

Equal Pay Cases Take a Long Time

It is an unfortunate fact that the EEOC has taken so long with this case. As mentioned earlier, the case started in early 2016 and originally involved the five team captains of the U.S. Women’s Soccer Team, such as Hope Solo and Carli Lloyd, who filed a wage discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of all members of the women’s team against the U.S. Soccer Federation.

Since the 3-year delay at the EEOC, all 28 women’s team players have withdrawn their EEOC case and filed suit in the federal district court in Los Angeles, alleging that the U.S. Soccer Federation has engaged in several years of institutional gender discrimination. A copy of that complaint is linked.

Equal Pay Complaint

In the latest filing by plaintiffs Alex Morgan, Megan Rapinoe and other women’s team members, they allege the serious pay discrepancies that continue to exist between the men’s and women’s teams.

Specifically, members of the women’s team can potentially earn a maximum of $99,000 a year, while members of the men’s team earn an average of $263,320 per year. Other disparities include the U.S. Soccer Federation only providing charter air flights to the men’s team in 2017, but requiring the women’s team to take commercial air flights.

The reason why this case is so newsworthy is the fact that the women’s team has been out performing the men’s team in rankings and World Cup wins for a long time. The women’s team has been ranked number one in the world for 10 of the past 11 years. Also, in more recent years, the women’s team has been outperforming the men’s team in revenue and profits as well, and in viewership. For instance, the 2019 Women’s Cup Final viewership was 22% higher than the 2018 Men’s Cup Final.

While the Soccer Federation has claimed market considerations as the reason for paying the men’s team more, the women’s team, according to the complaint, has started to outperform the men’s soccer team in revenue and profit in the most recent accounts. Additionally, according to the complaint, the women’s team had even proposed a revenue-sharing agreement where women’s player compensation would be less if their revenue decreased. It seems as if the U.S. Soccer Federation needs a reality check.

Conclusion

It is time that the U.S. Soccer Federation recognize and pay the women’s team at least the same as their male counterparts on the two national teams and provide them the same benefits. We represent employees in employment matters.

If you need assistance with a federal retirement or an employment issue, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.

This is a sponsored post by Eve Thompson of Reston Real Estate.

The real estate market in Reston is holding steady with low inventory and strong demand.

Our numbers at this mid-year mark are looking good. We’ve sold slightly fewer homes than this same time last year with 677 this year vs. 721 in 2018; but things are generally very strong.

There are 201 active listings on the market and another 8 in a “Coming Soon” status. The average-days-on-market for active listings is 56 days, which is way above the average for property in a “Pending” status which is just 24.

The driver for a quick sale is always the price. Price is every seller’s best tool for generating action from buyers. Be the best priced, best presented item in your category and you will shorten your days on market, reduce your carrying costs and maximize your bottom line.

Here are a few of the new homes for sale in Reston this week:

• 11938 Barrel Cooper Court, 3 BR/2.5 BA — $394,900
• 1651 Cedar Hollow Way, 4 BR/3.5 BA — $635,000
• 2429 Alsop Court, 4 BR/2.5 BA — $469,900
• 11769 Indian Ridge Road, 4 BR/3.5 BA — $549,900
• 1951 Sagewood Lane #509, 2 BR/2 BA — $169,000

Meet Mika, a female Retriever and Border Terrier mix available for adoption locally.

Here is what her friends at Safe Haven Puppy Rescue have to say about her:

Mika is a striking and delightful pup who has one blue eye.

This great pup is a nice blend of friendly affection and normal puppy playfulness and will be great company. Mika is up to date on all shots and dewormings.

Precious pups like these go fast! This friendly little baby girl is going to bring lots of joy to some lucky adopters.

Are you and Mika a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

Meet Angela, a young female Dachshund mix available for adoption locally.

Here is what her friends at New Love Animal Rescue have to say:

Angela is happy, loving and ready for a chance at New Love.

She can be a little shy at first and her new owner is going to have to be patient because it takes her a little bit to warm up to new people, but once she gets to know you, she will be your friend for life!

Angela stays in a foster home with another dog and some cats. The cats don’t bother her at all, and her current foster brother is pretty cool but she doesn’t like every dog she meets , so her new forever family will have to consider that.

She is an active pup in her early years and will need to continue her house training and learning manners as she transitions into a new home.

Are you and Angela a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.

The Reston real estate market continues to be strong. 157 properties changed hands in the past 30 days.

At this rate we’ve got less than 6 weeks’ worth of housing inventory. Some segments of the market are moving much, faster than others and some “types” of property are selling much faster than others. Average days on the market for condominiums is 36 while non-condos have an average days on market of just 12.

Here are a few of the properties that have recently sold:

1705 Wainwright Drive
3 BD/2 BA
List Price: $410,000
Sold Price: $415,000

11903 Triple Crown Road
6 BD/6 BA
List Price: $1,158,000
Sold Price: $1,090,000

1566 Goldenrain Court
3 BD/4 BA
List Price: $424,900
Sold Price: $430,000

11310 Myrtle Lane
4 BD/3 BA
List Price: $575,000
Sold Price: $580,000

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By Kimberly H. Berry, Esq.

In Virginia (and in many other jurisdictions) severance agreements are contracts that compensate an employee in exchange for them agreeing to leave their employment and waiving all claims against an employer.

Most employees in Virginia are considered “at will,” which means they can resign or be fired at any time by an employer. When employment ends, an employer may offer (or an employee may request) a severance package in exchange for the employee’s waiver of all rights to sue for discrimination, sexual harassment, whistleblower retaliation or other alleged violations of law by the employer.

Employers, in the absence of an employment contract which requires severance, generally have no obligation to provide employees severance pay. If severance pay is offered, an employer will offer the employee a Severance Agreement along with the proposed compensation.

Employer Severance Agreements

A Severance Agreement is just a contract between an employee and an employer that resolves all outstanding employment matters between them. A Severance Agreement may be offered to an employee who resigns or is terminated. Additionally, Severance Agreements can also be offered to employees who are laid off or who are facing retirement.

In order to be valid, a Severance Agreement must have consideration — i.e., something of value to which the employee is not already entitled. Employers are usually required to provide an employee time to consider the Severance Agreement before signing and advise them to consult with counsel before signing. An employee typically has a 21-day consideration period to accept an employer’s Severance Agreement unless the employee is over 40 years of age.

The Older Workers Benefit Protection Act (OWBPA) requires that an employer provide employees over 40 years of age with a 45-day consideration period and at least a 7-day revocation period.

Reasons for Severance Agreements

There are a number of reasons why a Severance Agreement may be proposed or agreed to by employers. These reasons can include the following examples, but many others exist:

• An employee is fired, for conduct or performance and the employer wants to avoid risk for potential claims against them by providing severance in exchange for a waiver of employee claims.
• An employer is looking to downsize their operations and seeks to avoid potential liability in the process by offering severance terms to a number of employees.
• An employee has been fired, no Severance Agreement was initially proposed by the employer but the employee approaches the employer seeking one.
• An employee wants to resign and seeks to initiate severance negotiations with the employer.

Common Severance Agreement Terms

Some of the terms to consider in a Settlement Agreement may include, but are certainly not limited to the following:

Severance Pay
Non-Disparagement
Retirement benefits
Re-employment possibilities
Tax consequences
The timing of severance payments
Confidentiality terms
Security clearance issues
Continuation of employment benefits
Rights to unemployment compensation
Waiver of Claims
Scope of non-competition
Preservation of trade secrets
References and reference letters
Recommendation letters (Positive and Neutral)
Applicable law
Consequences for violating the Severance Agreement

Severance Agreements will almost always include a General Release (Waiver) that stipulates the employee cannot sue his or her employer for wrongful termination or attempt to seek unemployment benefits.

Before an employee signs a Severance Agreement, he or she should consult with an attorney to discuss the rights that he or she may be waiving and the terms of the Severance Agreement.

Conclusion

If you are in need of employment law representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.