Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer’s business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer’s business. The language, and how courts interpret this restrictive language, can get tricky. For example, some…
read moreI just finished reading a disturbing article in the December 27 issue of the Wall Street Journal titled, “New Risks at Rural Hospitals.” The article describes a relatively new program put in place by the Centers for Medicare and Medicaid Services (CMS) designed to provide financial assistance to small rural…
read moreMark one down for the good guys! Dr. Thomas Fame began working for the Asthma and Allergy Center in Salem, Virginia in 2010, but was let go by that organization in May of 2015. After he was fired, the practice group argued that Dr. Fame’s contract imposed a two-year block…
read moreUnbelievable! An article jointly published by the Washington Post and ProPublica found 35 cases since 2012 in which nursing home or assisted living workers surreptitiously shared photos or videos of residents on social media. At least 16 cases involved Snapchat. The employees are posting embarrassing and dehumanizing photos of elderly residents…
read moreBy now readers of this blog know our position. We strongly believe that non-compete and non-solicitation clauses are bad. They are bad not only for the unsuspecting/unknowing employee but they are bad for innovation, bad for economic growth and development, and bad for the economy.It appears that some business owners agree…
read moreI love college football…even though my favorite Virginia Tech Hokies are not playing at the level they enjoyed several years ago. But as a reader of this blog you might ask, “what do college football and non-compete contracts have in common?” The answer is a lot.First, let me disclose my…
read moreWe frequently represent employees who, after leaving their employment, are sued for violating their non-compete contract and for illegally using their ex-employer’s “trade secrets.” Just what are “trade secrets?” Typically they are customer lists, marketing information, unpatented inventions, software, formulas and other business information that provides a company with a business edge. Information is…
read moreWe all use “Google” to check out plumbers and contractors/repairmen and Avvo to check out lawyers and Yelp to check out restaurants…but what about checking out our doctors? We can all accept a bad restaurant meal or less than professional plumber…at least once. We should not accept a treating physician who has had…
read moreFor the most part, the advancement of science and medicine has both improved and prolonged our lives. We can take medications which keep our heart beating at a normal rhythm, lower our blood pressure, reduce our cholesterol, increase blood flow, and on and on. The problem with all of these new and…
read moreA recent newspaper article from West Virginia reported on a case where a hospital sued a doctor, alleging he broke his non-compete agreement with the hospital. The lawsuit alleges the doctor became a staff physician at Wheeling Hospital on April 1, 2010, and continued until March of this year, when he informed…
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