James H. Shoemaker, Jr. Attorney at Law

Products And Services

• Employment Lawyer

  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 757.223.4560 to discuss your case. Wage and Hour/Overtime Violations of the FLSA Employees 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 lawyer new 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: Restrictive covenants and non-competes Severance negotiations New employment contracts 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.

  Link: Employment Lawyer

• Whistleblower Lawyer

  Whistleblower Lawyer for False Claims in Newport News Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S. The federal False Claims Act, as well as several state and city False Claims Acts, allow employees or any citizen to file a lawsuit on behalf of the federal government, a state government or a municipality for false or fraudulent claims that have been made to them. These suits are often referred to as qui tam actions (Latin for “on behalf of the King”) and the persons bringing these claims are typically referred to as relators and/or whistleblowers. In order to file suit as a qui tam relator or whistleblower, you must have specific information that the defendant company or person engaged in fraud against a governmental entity or agency. If you have knowledge of false claims made against a governmental entity, call Mr. Shoemaker today at 757.223.4560 for a free whistleblower consultation*. Types of Whistleblower Actions Almost any circumstance in which an industry works closely with a governmental agency gives rise to the potential of unlawful exploitation and fraud. Mr. Shoemaker has successfully prosecuted several types of fraud claims under the qui tam provisions of the False Claims Act and analogous state statutes. The types of claims we take for representation include: Medicare/Medicaid Fraud Defense Contractor Fraud Pharmaceutical Fraud SEC Whistleblower Actions Financial Industry Fraud Government Construction Fraud Government Employee False Claims Department of Education Fraud Oil and Mineral Rights Fraud IRS Tax Fraud Procurement Fraud Healthcare Fraud Financial Recovery for Whistleblowers/Qui Tam Relators Qui tam relators and whistleblowers are rewarded for their efforts by receiving a percentage of the recovery the government obtains based on their claim. Depending on whether you file your claim under the False Claims Act or another whistleblower statute, you may be entitled to between 15 and 30 percent of the recovery. Whistleblower recoveries can be significant. Many qui tam relators have received tens of millions of dollars in awards. Protect Your Rights as a Whistleblower In order to protect your case and your rights as a whistleblower, it is important to remember a few key things: Act quickly. You must be the first whistleblower to file your lawsuit or you may be cut out of the recovery. Legal online Consult with a lawyer and keep quiet with everyone else. Once you report the facts you have to your lawyers, do not discuss your case with anyone except your lawyers. This reduces the chance that a third party will take your information and be the first to file. It also avoids the dangers of having your case dismissed or you being held in contempt for revealing information after a case is filed and placed under seal in the court with appropriate jurisdiction. Hire an experienced lawyer. Whistleblower cases are complex and can cost a significant amount of money, upfront, to prosecute. We are willing to advance those costs and take the financial burden off of you. It is critical that you hire an experienced lawyer who has the skill and resources to prosecute your case effectively. Schedule Your Consultation Today: Mr. Shoemaker is an experienced qui tam trial lawyer at Patten, Wornom, Hatten & Diamonstein. But it is not enough to hire an experienced and skilled lawyer. That lawyer must have the resources to take on large and well-funded opponents. With 24 lawyers and a staff of nearly 50 para-professionals, Mr. Shoemaker and the firm have the experience and the financial and personnel resources necessary to aggressively advance your case. Are you ready to talk about the fraud you have discovered? Call Mr. Shoemaker today at 757.223.4560 for your free, confidential consultation*. Our experience is national and we welcome clients from Virginia and across the United States.

  Link: Whistleblower Lawyer

• Personal Injury Lawyer

  When you are injured in an accident caused by someone else’s negligence, it can be difficult to know what to do next. Suddenly, you and your family are facing medical and financial issues that you never expected. An experienced litigation attorney like James H. Shoemaker, Jr. can help you understand your rights and pursue the necessary legal action for your medical and economic recovery. personal injury Call 757.223.4560 today for your personal injury consultation. Mr. Shoemaker proudly represents clients in Virginia Beach, Hampton Roads, Washington D.C., and throughout the United States. Personal Injury Cases We Handle Unfortunately, innocent people often get hurt when another party chooses to behave negligently and irresponsibly. James Shoemaker represents victims that have been harmed by many types of accidents and situations, including: Automobile and motorcycle accidents: Accidents involving a car, truck, or motorcycle have a high potential to cause devastating personal injuries. Drivers who engage in unacceptable behavior such as speeding, driving under the influence, or failing to obey traffic laws should be held responsible for the harm that they cause. Airline & Aircraft Accidents: Mr. Shoemaker is an experienced pilot who is capable of handling complex aircraft accident cases. These tragic cases often result in wrongful death or life-altering personal injuries. Mr. Shoemaker knows how to examine the details of a plane crash to find out who is responsible for the accident that injured you or your loved one. Boating Accidents: Everyone who chooses to operate a boat must do so in a safe and reasonable way. Individuals who fail to follow boating regulations are a danger to themselves and others on the water. Common causes of accidents include boating under the influence, speeding, and failing to follow right-of-way directions. Medical Malpractice: When you are sick or injured, you turn to a medical professional for help. Most of the time, doctors and nurses provide their patients with a reasonable standard of care. But when they don’t, their patients can suffer severe injuries and complications. Civil Rights Violations: Federal law offers additional protections for those who were injured or killed as the result of a civil rights violation. Mr. Shoemaker can help you navigate your civil rights violation case. He will help determine if your case should be filed in federal or state court. Even if you were partially at fault for your accident, you might still be able to recover compensation. Compensation Available in a Personal Injury Case Mr. Shoemaker will explore every angle of your case and take the time to find out how your injury has affected your life. By taking this comprehensive approach, he will be able to fight for the total compensation that you deserve. You may be able to receive compensation for factors such as: Prescription drug expenses Physical therapy Additional medical expenses Lost income and benefits Diminished earning potential Property damage or loss Modifications to your home or vehicle to accommodate your injury Pain and suffering Emotional distress During your consultation, Mr. Shoemaker will explain your legal rights for recovery. You deserve compensation for all of the ways that your injury has affected you financially and emotionally in the past, and how it may continue to do so in the future. Act Quickly After Your Personal Injury If you have been injured due to someone else’s negligence, it is important to act fast. Seek legal guidance as soon as possible to protect your right to justice and compensation. You have a limited time to file a lawsuit after your injury. This timeframe is known as a statute of limitations, and it generally begins after you are injured or after you discover your injury. The statute of limitations for personal injury cases varies by state. In Virginia, you have 2 years to file a lawsuit after you are injured. There are certain exceptions to the statute of limitations, so contact Mr. Shoemaker to find out if you might have a case. Call Today for Your Personal Injury Consultation With decades of experience as a trial attorney, James H. Shoemaker, Jr. is available to provide dedicated and compassionate legal representation to injured clients nationwide. If you have been injured in an accident call Mr. Shoemaker today at 757.223.4560. One of our paralegals will review the facts of your case with you and then Mr. Shoemaker will call you and discuss your case with you free of charge*. Located in Newport News, Mr. Shoemaker serves clients throughout Virginia, Virginia Beach, Washington, DC, and the United States.

  Link: Personal Injury Lawyer

• Wrongful Death

  Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S. Losing a loved one takes a massive emotional toll on the family members that are left behind. While no one should have to experience the pain of losing someone close to them, losing a loved one due to the negligent actions of another can be an extremely difficult situation to endure. James H. Shoemaker, Jr. has practiced law at Patten, Wornom, Hatten & Diamonstein (PWHD) for over two decades. He knows the emotional and financial toll that a wrongful death can have on a family, and he will fight to get you the justice and compensation that you deserve during this difficult time. If you have lost a family member due to the negligent behavior of someone else, please contact our experienced wrongful death attorney at 757.223.4560 for a free case evaluation. James H. Shoemaker, Jr. is proud to serve clients in Virginia Beach, Hampton Roads, Washington D.C, and nearby areas of Virginia. What is Wrongful Death? When someone dies due to the legal fault of someone else it is considered a wrongful death. In Virginia, a wrongful death is specifically defined as a death that is “caused by the wrongful act, neglect, or default” of another party. A wrongful death lawsuit can be filed if the circumstances of the death would have allowed the deceased individual to file a personal injury case if they had survived. In the event of their death, their family is able to pursue legal action on their behalf. There are many potential causes of wrongful death, including: Automobile and motorcycle accidents Airline accidents Boating accidents Medical malpractice Defective products Nursing home abuse and neglect Slip and fall accidents Construction accidents Who Can File a Wrongful Death Claim? In Virginia, there are laws regarding which family members or dependents can file a wrongful death claim and the order in which they may do so. You may be eligible to file a wrongful death claim in Virginia if you are: The spouse of the deceased A child of the deceased A grandchild of the deceased A parent of the deceased A related dependent of the deceased who shared their household A family member who is entitled to inherit the deceased’s estate There is a specific order in which individuals may be eligible to file a wrongful death claim under Virginia law. Spouses, children, and grandchildren have the initial right to file unless none of these relatives have survived the deceased. The right to file then falls to parents, siblings, and other dependents. In the event that there is no surviving parent, sibling, or dependent, the individual entitled to inherit the estate under Virginia law may file. In some instances, individuals may be eligible to file a wrongful death case together. Our attorney will discuss these circumstances with you. Regardless of who files the wrongful death lawsuit, it must be filed within the time frame established by the state’s statute of limitations. In Virginia, a wrongful death claim must be filed within two years of the date of death. Damages Available in a Wrongful Death Case wrongful death statistics In Virginia, you may receive compensation for damages including but not limited to: Pain and suffering caused by your loss Loss of companionship, love, comfort, and guidance from the deceased Medical expenses Funeral and burial expenses Lost wages and benefits from the deceased Loss of future wages that the deceased would have earned for your family The damages that are awarded can vary based on who is filing the case. In addition to seeking compensation for the losses experienced by your family during this difficult time, you may also be able to pursue punitive damages in Virginia based on the facts of your case. Punitive damages are designed to punish the defendant if their behavior that led to the loss of your loved one was particularly reckless or appalling. Why Hire Attorney James H. Shoemaker, Jr.? Losing a loved one is unimaginably difficult. You and your family need time to grieve and to heal. When you hire an experienced wrongful death attorney like Mr. Shoemaker, you are able to focus on what truly matters while leaving the legal hurdles to a professional. Mr. Shoemaker will fight tirelessly on behalf of your family and your lost loved one. He has experience navigating the laws that govern wrongful death cases in order to pursue the justice and compensation you deserve. Throughout his legal career, Mr. Shoemaker has recovered millions of dollars on behalf of his clients through successful verdicts and settlements. Cases are handled on a contingency fee basis, meaning you do not have to pay an attorney fee unless you are awarded compensation.

  Link: Wrongful Death

• Civil Rights Violations

  Federal law provides relief for citizens who have suffered injuries as a result of civil rights violations. Examples of such cases include those involving police brutality, injuries or deaths caused by government employees, infringement of First Amendment rights, and infringement of due process rights. Mr. Shoemaker has over 22 years of experience as a trial attorney and is a partner in the law firm of Patten, Wornom, Hatten & Diamonstein, L.C. ("PWHD"), based in Virginia. Mr. Shoemaker, his partners and associates are available for representation nationwide. civil rights Schedule Your Free Initial Consultation If you have suffered a loss as a result of a civil rights violation, we encourage you to contact us online or call 757.223.4560 today. One of our paralegals will review the facts of your case with you, and then Mr. Shoemaker will call you and discuss your case free of charge*.

  Link: Civil Rights Violations