This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Billionaire CEO of Tesla and SpaceX, Elon Musk, was recently videotaped smoking marijuana on the Joe Rogan talk show. According to reports, Mr. Musk holds a security clearance as part of his CEO role at SpaceX, a major government space contractor.
As a result, news reports first indicated that the U.S. Air Force has started an investigation into Mr. Musk’s alleged drug usage due to his holding of a security clearance.
Later, news reports indicated that there was not necessarily an investigation but that the U.S. Air Force was attempting to evaluate what to do about the issue. The question is whether or not the same rules governing every other clearance holder involving drug usage will apply to Mr. Musk if he did smoke marijuana.
My suspicion is that the answer will be no.
We often represent and defend individuals who have engaged in one-time or other minor illegal drug use (yes, the federal government still considers marijuana an illegal drug no matter where it is consumed).
Many individuals who engage in minor drug use may still lose their security clearance over even one usage, depending on the circumstances. The ultimate result will likely highlight the distinction between high level individuals and other clearance holders (the other 99%).
This sort of double standard was recently seen at the White House where the President’s son-in-law, Jared Kushner, apparently had so many foreign contacts that he had to amend his clearance submission (SF-86) multiple times (something that isn’t usually permitted for others).
The type of contacts that Mr. Kushner admitted to having, if they had involved just about anyone else, would have barred them from obtaining a security clearance.
We often represent individuals from Pakistan, Egypt, India or Taiwan, where having just a few relatives from their home country, or owning small amounts of property in that country can disqualify them from holding a security clearance.
It seems that there are now two sets of rules for security clearance holders and applicants. Those that are important or well-connected and then the rules for the rest of us. I find this to be troubling and very wrong.
In a case like Mr. Musk, it might usually take a year or perhaps over a year, for a person to be able to mitigate having engaged in even a one-time drug use issue. The point of having a system for adjudicating security clearances is to have ensure that everyone, a billionaire, the son-in-law of the President of the United States and Jim Jones (a GS-13 civilian employee for the Department of the Army) all live by the same rules.
Hopefully, the next President will see fit to take action in order to make the security clearance rules apply equally to all of us regardless of wealth or position.
We represent federal employees and government contractors in security clearance cases. We can be contacted at www.berrylegal.com or by telephone at 703-668-0070. Please also visit and like us on our Facebook and Twitter pages.
Meet Bach, an adult tabby available for adoption locally.
Here is what his friends at Little Buddies Adoption and Humane Society have to say about him:
One look into Bach’s beautiful blue eyes and you will be hooked! Bach is a totally delightful guy. He is extremely affectionate and loves to sit in laps.
When his foster mom sits down in a chair, Bach is right there to jump into her lap and get lots of petting. Bach is a gentle spirit. He also has lots of playful energy. Bach would make a perfect cat in any home. He would do very well with other pets and with children.
He is about seven years old. Bach has been diabetic since December of 2015. Although he gets twice daily shots, it is very easy to give him his insulin shots. Bach needs a special, very responsible, and caring person who can care for his diabetes.
Come meet this wonderful and loving guy!
(Note: Little Buddies has adoption events every Saturday from noon to 3 p.m. at Pet Valu in the North Point Village Shopping Center.)
Are you and Bach a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
https://vimeo.com/286567625
What began as a small fruit stand in New York City just over a century ago, Balducci’s gourmet market has grown to be one of the leading stores of its kind, with locations spanning from Connecticut to Virginia.
And just a few short weeks after the opening of its newest location in Reston Town Center, locals have been eagerly exploring its aisles. Customers can engage in a host of culinary activities — from grabbing a quick takeaway dinner of fresh Aurora salmon and delicious grilled Mexican corn to experimenting at the build-your-own poke bowl bar or sampling local micro-brews at the beer crowler bar. And if they’re not shopping they might be taking a moment to meet friends at the café for a fresh, seasonal salad al fresco.
“What we’ve created here is a totally unique shopping experience — the ability to be immersed in a sensory way and to more fully engage with the people who live and breathe food — the chefs, the master butchers, the fish mongers. Online shopping is fantastic for the idea of convenience and time-saving, but something it can’t replace is the experience of a lively, interactive cooking demo or taking in the scent of your fresh-baked pizza pulled straight from the oven. Or how about sipping a glass of wine as you stock up on local produce for the week? Maybe sampling that new local cheese you’ve been wanting to try? We encourage everyone to come in and experience it all and we welcome you as our guests,” says Leonard Knight, General Store Manager at Balducci’s.
In September, customers can get a sneak peak of the eagerly-awaited Chef’s Table during the soft launch from September 4 through September 24, when it will then offer a daily rotating menu, with meal options ranging from dry-aged beef sliders to customizable mac and cheese.
Balducci’s is open seven days a week from 7 a.m.-10 p.m. and is located at 1871 Fountain Drive in Reston Town Center, in Reston, Virginia. For more information, visit balduccis.com/reston.
This is a sponsored post from Becky’s Pet Care, a professional pet care service in Northern Virginia.
Meet Begley, a Labrador Retriever mix available for adoption locally.
Here is what her friends at Safe Haven Puppy Rescue have to say about her:
I am about 4 months and weigh 20 lbs so I most likely I will be in the 50 lb range when I am full grown. Lab is a big component of my make up so I am super duper friendly to everyone I meet. Lots of guesses on what else is in my DNA but with my personality, it’s not important!
My dream family will have plenty of time and patience to spend with me. I would like to have human or dog siblings to give me lots of love too. Since I am still a puppy, I know that I have a lot of learning to do. I am one smart cookie though so training me should be mostly a breeze.
Are you and Begley a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
We often meet with individuals that believe that they have been wrongfully terminated from their employer. When dealing with these types of employment issues, it is important to seek out the advice of a Virginia employment attorney knowledgeable in these areas of law.
Nothing is quite the same as being called into a supervisor’s office or to an employer’s HR office (usually on a Friday) only to be informed that their employment has been terminated.
In most cases, the employee is unaware of the pending termination and there is little advance notice. Once notice is given, the person is often quickly escorted out of the office and is faced with both a sense of shock and loss. Many employees are left bewildered, wondering about their rights.
Wrongful Termination Law in Virginia
Employee terminations in Virginia are considered “at will”, which generally leaves it to the discretion of an employer to terminate an employee for pretty much any reason.
However, if the employer has violated a state or federal law in terminating the employee, the termination can be considered wrongful and there may be potential avenues to challenge the termination. These can include, but are not limited to:
- Whistleblowing Reprisal
- Discrimination (age, race, sex, national origin, etc.)
- Sexual Harassment
- Hostile Work Environment
- Violation of Employment Contract
Determine Your Legal Options
The first step that a Virginia employee should take if they believe that they have been wrongfully terminated is to make an appointment with a Virginia employment attorney to determine whether or not the action falls into the category of a “wrongful termination.”
It is also important to consult with an attorney to see what steps may be taken to minimize the career damage that has just occurred and whether the action taken may be appealable.
It is usually the case that employees have more options following a termination than are apparent to them initially. The employer may have broken (or bent) federal or Virginia laws with respect to the termination action. If so, then it may be possible to negotiate a resolution on behalf of the employee, with the employer, resolving the matter.
A resolution generally occurs more often when the employee retains an attorney to contact the employer about the inappropriate or illegal nature of an employee’s termination. An attorney may also be able to tell an employee if their termination does not meet the criteria for wrongful termination and offer other strategies.
Conclusion
When facing wrongful termination issues in Virginia it is important to obtain the advice of and representation of an attorney. Our law firm advises and represents individuals in wrongful termination matters in Virginia and other jurisdictions. We can be contacted at www.berrylegal.com or by telephone at 703-668-0070.
Please also visit and like us on our Facebook and Twitter pages.
What is the best age to see an orthodontist for the first time? The current recommendation from the American Association of Orthodontists is for children to have their first exam with an orthodontist at age 7 — and for good reason!
“Adult teeth typically begin to erupt around age 6-7, which makes this the ideal time to ensure that these teeth are erupting properly, and that the upper and lower jaws are growing correctly in relation to each other,” shared Northern Virginia Orthodontics’ very own Dr. Robb.
If there are any indications for early treatment, Northern Virginia Orthodontics (NVO) can offer interceptive treatment to prevent more severe issues down the road.
Lucky for you, August is a great time to visit Northern Virginia Orthodontics! Not only can you get your child’s complimentary consultation taken care of before the school year begins, but NVO is offering all new patients $1,000 off and 2 tubes of take home whitening until August 31, 2018. Just mention “Reston Now” when scheduling your appointment to secure your savings and whitening!
No matter what age you are, NVO would love to help you transform your smile! Dr. Casagrande, Dr. Barcoma, Dr. Robb and Dr. Cole rank as the #2 Invisalign providers in the nation, and have treated the most Invisalign patients in the state of Virginia. We can’t wait to help you achieve the smile you’ve always wanted, and this month is the best time to get started.
Learn more about NVO today at nvorthodontics.com or submit an appointment request online and a member of our team will contact you shortly.
*Offer valid for new patients and full treatment only. Not valid on Smile Express by NVO. Cannot be combined with any other discount or promotion. Offer expires August 31, 2018.
This is a sponsored post from Becky’s Pet Care, a professional pet care service in Northern Virginia.
Meet Sunbeam, a Labrador Retriever mix available for adoption locally.
Here is what his friends at Safe Haven Puppy Rescue have to say about him:
I am a little shy but I am excited to meet my family one day 🙂
I am about 11 weeks old and weigh about 15 lbs so I will be a pretty big boy when I grow up at around 60-70 pounds. I came in with my brother and my sister and we are a little on the shy side (we’ve only known a few people) but we know we are sweet and have so much love to give!
My dream family will be kind, patient, and reassuring with me so I can really let my sunbeam shine! Since I am so young I am looking forward to learning, loving and being a part of a forever family. I would do best in a home with older children who can go more slowly with me at first.
Are you and Sunbeam a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
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.
Have you ever parked on Moorings Drive on your way to the Reston Farmer’s Market and wondered what kind of houses the street leads to?
Let me tell you — it’s a wonderful mix of the different styles of Reston town homes. This neighbor is not only charming, it’s quiet and close to everything.
The first cluster on your left is Brookshire, one of the first clusters built in Reston in 1964 and 65. It’s one of Reston’s smallest clusters and has an impressive ratio of green space to homes — 5 acres to 26 homes.
Lush green foliage, magnificent old oak trees, interconnecting paths and recreational areas surround the cluster. These two and three bedroom townhomes feature an average of 1,500 square feet of living space.
Then comes Chatham Colony Cluster. This is also a small cluster, with about 45 homes that each has a wooded backyard. These colonial style townhomes have brick exteriors, shuttered windows, and two designated parking spaces.
With three bedrooms and full basements, each home offers plenty of space for growing families and empty nesters alike. And like most Reston homes built in the 1970’s, each has beautiful hardwood floors and large windows.
Next on the tour is Wyndmere Cluster, the newest addition to this area. Like all of the townhome clusters off moorings, residents have access to Lake Anne.
Finally, there is Moorings Cluster, built between 1971 and 1972. These spacious three to five-bedroom townhomes have fantastic views of Lake Anne (70% are direct lakefront properties). Unlike many lakeside townhouse communities, each of the 50 homes in this neighborhood has a garage.
All of these clusters off Moorings Drive have easy access to main roads and public transportation. This is the kind of neighborhood where you can take full advantage of everything Reston has to offer — you can walk to Lake Anne, jog on the nearby Reston Association paths or be at Reston Town Center in a matter of minutes.
It’s also close to ballparks, pools, tennis courts, the sprinkler park (off North Shore Drive) and more. Many residents have small boats and canoes that they take out on Lake Anne, enjoying a leisurely paddle to the plaza for concerts, festivals and dining.
In the summer, residents can walk to the popular Farmer’s Market and Reston Market. Neighborhood residents attend Reston’s Lake Anne Elementary, Langston Hughes Middle and South Lakes High School.
Join Exo Apartments on Wednesday, August 22nd from 4-7 p.m. and dive into summer.
Enjoy summer sips from local brewery Lake Ann Brew House. Snack on fresh baked pretzels and local food truck bites. Explore all that Exo has to offer, and snag summer essential giveaways along the way.
DJ Alkimist will be supplying the sounds of summer while you relax poolside. Swimsuits not required, but highly recommended. Grab your free ticket to the first annual pool party here!
Written by Mina Fies, Synergy Design & Construction
Have you ever wondered why renovations go wrong? Here are some of the most common complaints we hear from homeowners:
- The contractor said the work would be completed by the end of June. It’s August and there’s STILL no end in sight.
- The estimate they provided at the start of the project bears no resemblance to what it’s actually costing me.
- Why am I the one driving the project and making all the design decisions?
- There seems to be an endless stream of people in my home but I’m not sure who’s actually in charge!
Does any of this sound familiar?
Most complaints are the result of remodelers not having a clear pathway and strong synergy between the design and construction phases of a project. They’re all too eager to get started and give you a ballpark estimate with no reality around allowances for your design choices, the complexity of your remodel or they have no project plan in place to get you to your end game.
No one wants a “I wasn’t expecting that!” moment in the middle of a remodel which inevitably adds time and cost to your project.
That’s why we created the Renovation Roadmap™ as our way to help you navigate the remodeling process. Think of our proprietary system as your ticket to an exceptional remodeling experience. We take care of every step of the process from plans and designs to providing exact costs and a detailed timeline for quality construction.
Why is this important? It eliminates change orders, unexpected bills, delays, frustration and — most importantly — it allows you to have some fun along the way!
Our Reno of the Month features a kitchen remodel in Fairfax Station. Our clients had a poor experience with a previous remodeler and had been searching for another partner to work with for 4 years!
Friends and family said there was no way we could finish on time (having not had that experience with remodels themselves) and our client took great delight in walking everyone through the completed spaces ON TIME!
Why was our client so happy? Because they felt completely taken care of from start to finish.
Learn why our approach works and sign up to receive our free Renovation Roadmap™ brochure!
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.
We represent and defend security clearance holders and applicants in security clearance investigations and appeals. One of the lessor understood aspects of holding a security clearance is the continuing duty of a government contractor or federal employee to self-report new security issues which arise.
The federal government is slowly moving towards a system of continuous evaluation for security clearance holders, but there is still a duty for a clearance holder to self-report significant security concerns that arise between investigations.
This is often a misunderstood issue. Many government contractors and federal employees understandably do not want to essentially report themselves for new issues that arise and either don’t think about reporting new issues that arise or report them in the context of later filling out a new SF-86 or e-QIP application during the next background investigation.
It is very important to understand when issues should be reported and to do so promptly in many cases.
Types of Reportable Security Concerns
There are many potential types of security concerns that should be reported to the government contractor’s / federal employee’s security office. Each federal agency that issues security clearances offers their own guidance, which can vary, but remain mostly the same.
Some issues are harder to evaluate than others when it comes to deciding whether or not to self-report them, which is why counsel is often needed. Some examples of security concerns that may need to be reported as soon as possible include:
- An arrest (DUI, assault, any type of criminal issue, etc)
- Marriage to a citizen of another country
- Excessive unpaid debts (or bankruptcy)
- Certain civil lawsuits
- Use of illegal drugs
- Contact by a foreign country
- A wide variety of other security concerns (too many to list)
Results of Reporting a Security Concern
The first step in self-reporting a security issue is for the individual to notify their security officer. Documentation may be needed from the security office and/or an interview may then be needed.
As a result of self-reporting, a contractor or federal employee may need to deal with ramifications of a clearance review or investigation. That is not always the case and many incidents are noted simply for the security file and nothing else occurs. However, not reporting a security issue, when it is required, can create a greater likelihood that the individual will lose their security clearance because they will have to deal with both the underlying issue and also the fact that they have not reported the incident previously.
In many cases, self-reporting can be viewed as a mitigating factor in the clearance adjudication process.
Conclusion
When facing security clearance or employment issues it can be important to have the assistance and advice of counsel. If you need assistance with a clearance or 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 our Facebook and Twitter pages.
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.
Originally published November 30, 2013
Question: “I’m a first time buyer. I’ve been looking (online) at townhouses and condos in the Reston area.
It seems like I can buy more if I get a townhouse because there won’t be any condo fees. My father says that the condo fees pay for things that I’ll have to pay for eventually.
What do you think?”
Answer: I think your Father is a pretty smart guy. Let’s look at the question from a different perspective. For most things we own there is something called the “cost of ownership” which means simply it costs money to maintain things.
Cars need maintenance. Pets need to go to the vet. Some clothes can only be dry cleaned.
It is the same with property. It requires maintenance and repair and to maintain its value.
Hopefully part of your plan to purchase a property includes understanding what it will cost to keep it in good repair.
When you purchase a condo some parts of the property maintenance are the responsibility of the condominium association. Your condo fees include a contribution to both the day-to-day operations and something called the reserve and replacement fund.
The reserve and replacement fund is where the money for things like a new roof, replacement flooring in commonly shared hallways, maintenance of parking lots, garages and all the other things that the condo owners share in common.
What that includes will vary from condo to condo but it typically includes the entire exterior except for windows and doors.
When considering the purchase of a condo it is important to look at the condo’s financials and audit report to confirm that the reserve fund is large enough to cover anticipated repairs; an under funded reserve account is a future special assessment.
A special assessment occurs when something breaks and there’s not enough money for the repair — the condo association then has to collect extra money from the members to make the repair.
So, the short answer to your question is that your dad is right. If you buy a townhouse you’ll have to take charge of saving to replace your roof, your water heater, your furnace, etc. In a condo some of that will be saved for you through the payment of your condo fee, but you’ll want to make sure that the condo association is well run and in good financial shape.
Follow this link to a more detailed blog post about understanding condo fees.
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.
We have represented both employees and employers in connection with employment investigations. This article talks about the issues involved when an employer conducts an investigation in the workplace. Employers conduct workplace investigations into employee complaints generally because they can face legal consequences if they do not do so.
As an example, if an individual alleges sex harassment or discrimination at work and the claims are not investigated, an employer can be more readily held liable by employees. The same type of investigation is necessary when dealing with claims of whistleblowing or other alleged inappropriate conduct at work.
What Happens During a Workplace Investigation
Usually, in most employment investigations, the employer will usually hire an outside law firm (or occasionally use internal counsel) to conduct an employment investigation and will act as the investigator.
Once the investigator is appointed, they will start their investigation. Keep in mind that the employer’s goal in these investigations is to minimize liability for the employer.
While an investigator may find an individual employee at fault, the investigator ultimately wants to find and document that no fault on the part of an employer occurred.
The following steps usually take place in an employer investigation:
- The investigator reviews the complaint and plans for a thorough investigation;
- The investigator interviews the complainant or complainants;
- The investigator interviews the employees with knowledge of the issues in the complaint;
- The investigator interviews the accused employee or employees;
- The investigator conducts follow-up interviews of any witnesses as needed;
- The investigator reviews any relevant documentation, emails or other evidence involving the complaint;
- The investigator issues a final report with recommendations to an employer.
Results of Workplace Investigation
Once the employer’s investigation is over, the results can vary. A report is usually prepared, along with recommendations on actions to be potentially taken.
The investigation can result in the termination or other discipline for an accused employee. The investigation can also vindicate the accused employee.
An employer must be careful in avoiding retaliation against a complaining employee, even when their complaint is found to not be justified.
Each investigation is different, and different employers vary in how they handle workplace investigations. The proper handling of an employment investigation can protect employees in the workplace and also reduce employer liability.
Conclusion
If an employee or employer needs assistance with an employment investigation or other issue, please contact our office at 703-668-0070 or at our website to schedule a consultation. Please also visit and like us on Facebook or connect with us on Twitter.
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.
I’ve lived on Lake Anne Plaza for about 16 years now. Rick and I originally purchased our first condo, a 1 bedroom in the high rise, to help out one of our kids who needed a stable place to live while struggling with the transition into fully launched adulthood.
As we painted and prepared the condo for our daughter we were smitten with the property. Later, as we watched the community embrace and support and care about our daughter, our infatuation grew and we knew we’d found a place where we wanted to connect.
It wasn’t long before we sold our single family home and moved into a townhouse in Washington Plaza Cluster — a few years after that we moved into a large condo in the high rise on Lake Anne Plaza.
Throughout our time on Lake Anne we’ve been active in the community. I served for years on the condo board, the landscaping committee, ran the Saturday Craft Market and was active in the Merchant’s Committee. Rick has served on the condo board of directors for the past 10 years.
Whenever I work with clients that are considering condo living I try to explain the unique environment that is created when people live in such close proximity to one another. It puts a little more demand on one’s ability to interact with others in a civil manner.
It’s not that there aren’t all kinds of disagreements and even out and out feelings of hostility — but to give in to those ignoble feelings has much deeper consequences when one lives in community. It’s hard to pass someone in the hall way that you’ve publicly demonized; it divides and tears down the community.
I used to joke that living in the Lake Anne Village Center has taught me a lot about forgiveness — because when you live this close to people your only real choice is to forgive them — otherwise at the end of your first year or so you’d have to lock yourself in your condo.
I think often of hearing Bob Simon saying he wished everyone knew “how nice it was to live in close contact with your fellow humans.” I don’t think Bob was being saccharine when he said that — he was a realist about people’s short-comings, but he understood the great richness that living in community brings into one’s own life; certainly for me a great gift.
Current Market Conditions in Reston
- 203 Active Listings
- 139 Pending Listings
- 144 Sold in the past 30 days
Average Days on Market = 31
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.
For the last few years, we have been advising employees on the proper use of social media in connection with their employment. Social media is one of the most unique and changing areas of employment law today. This article provides some basic tips for employees and a summary of their current rights in Virginia.
Social Media Tips — Things to Avoid
- Friends & Supervisors: Avoid (where possible) becoming friends or connected with supervisors (and sometimes co-workers). It has often been the case that we have had employees face discipline resulting from Tweets, Facebook or Instagram posts that even well-meaning individuals forward to the employer. For instance, we have seen posts ridiculing a supervisor eventually make it to the supervisor. It tends to create an atmosphere ripe for retaliation and discipline.
- Avoid Workplace Criticism: Avoid mentioning problems or other issues that arise at work. We have usually found that even a well-meaning friend can pass on information to a supervisor or company official that can lead to discipline or, at minimum, a less comfortable work environment.
- Don’t Discuss Company Clients or Projects: Avoid mentioning clients or other work specific information from your employer in your social media posts. Sometimes these clients get word of the post, see it online, or it makes the news. As a result, the employer often then takes disciplinary action against the employee.
- Avoid Social Media During Work Hours: While this may or may not be feasible for everyone, it is a good idea to avoid social media posting while at work. We have seen employees written up for social media posting during work hours or when using employer computers. In some cases, employers have argued, where social media posts include the time and date posted, that they have not been working their duties while getting paid.
Social Media Employee Protections in Virginia
Some states have begun to legislate initial protections for social media accounts held by employees. This is the case in Virginia. While the relatively new law in Virginia doesn’t protect an employee from the content that they post online, it offers some protection for employees. Specifically, it bars employers from demanding or requiring access to an employee’s social media information as part of their employment.
Virginia Code § 40.1-28.7:5 protects employees from employers (1) requesting their sign on information to media accounts; and (2) requiring an employee to add a company manager or representative as a friend or contact on the social media account. I suspect that we are only at the initial stages of the laws that will define employee social media protections in the workplace with more to come.
Conclusion
Keep in mind that not all companies take offense to social media posting and can have lax policies. The best idea is to find out company policy from the employer as early as possible. When facing employment issues it can be important to have the assistance and advice of counsel.
If you need assistance with 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 our Facebook page.
