I just love true or false quizzes. Seriously. LOVE. THEM. So here is one for a spring Monday afternoon: POP QUIZ 1. You have a right to privacy at work. Which protects your personal email if accessed on company phone / computer / etc. TRUE OR FALSE ANSWER: FALSE 2.…
read moreConsider the following four situations, and ask yourself (1) Is it fair? (2) Is it legal under Virginia law? and (3) Is it morally right? 1. Long-time employee spends years building relationships with clients. Clients LOVE him. They would follow him anywhere. After 7 years employee BOB is asked to…
read moreI spent the morning arguing (I know, no surprise) that the words “us” and “we” had very specific meanings in a contract. I went so far as to argue that “the parties,” or “disputants” may not include “us” and “we.” Sound confusing? Or at least non-sensical? Boring? Maybe. It would…
read moreIn Virginia, there is no law that: requires a nursing home to have liability insurance requires a nursing home to have a certain number of qualified staff / per resident (staffing ratio) requires a nursing home medical director to have office hours or make rounds In other states, such laws…
read moreI am a non-compete lawyer. What does that mean? I proudly represent individuals, not businesses, in the evaluation and analysis of non-competition (think non-solicitation, confidentiality, etc) employment agreements. There are those who think my job is to stir up trouble or harm small businesses; rather cartoonish, but popular culture often…
read moreNote: Every single case is unique and no case outcome is guaranteed. Last year, I represented the most wonderful family whose mother suffered an accident at a nursing home. She fell and broke her femur during a terrible fall. She was fortunate to partially recover with the help of her loving…
read moreThis month, a Kentucky jury awarded the plaintiff’s family $8 million for the wrongful death of a nursing home resident whose legs were broken following a horrific fall. Even worse, evidence showed that staff altered his records to cover their mistake. Moments after the verdict, the defense attorney denied wrongdoing: “We categorically…
read moreSometimes you have the opportunity to serve someone who deserves so much more than a lawsuit can bring them. What is your retirement worth? Your health? What is your independence worth? Would you take a 1million dollars if it meant you had to live in a nursing home for the…
read moreYesterday, I traveled to Richmond – the “Capital City” – to testify (or rather, speak) in favor of HB 1187, which would make non-compete agreements invalid in Virginia. A subcommittee of the Commerce and Labor Committee heard argument in favor of the bill (from me), and then two trade groups…
read moreThere is a tremendous letter to the editor in the Richmond Times Dispatch on HB 1187. Says Arlington resident Todd Benjamin: After a non-compete sidelined me last year, I educated myself about these agreements and have become a staunch advocate for their elimination. … I believe in free markets: for products, for services…
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