My friend called me this morning to speak about his mother, who needs rehabilitation after surgery. The day before, another friend called about coordinating care for a family member. Then a stranger called about choosing the best assisted living facility in our area. Last week, I discussed with a colleague how…
read moreI will admit it. I have signed agreements and not read them fully. Like credit card contracts or cell phone agreements. I am not proud of this fact, but truthfully, consumer contracts seem so impersonal that I have always assumed the terms were not negotiable and really, pretty harsh. But a…
read moreVirginia employers often send tough, strongly worded “cease and desist” letters to former employees who work for a competitor or start a company. The goal is to scare you. If you do not comply, they allege you will potentially face dire consequences under penalty of law. Many times, the letter…
read moreThis month, the Virginia General Assembly returns to work in Richmond. A reader contacted us about House Bill 1187 sponsored by Delegate Patrick Hope (D- Arlington) significantly restricting non-compete agreements throughout the state. Here’s a summary of the pending legislation: Non-competition agreements. Makes unlawful any contract that serves to restrict…
read moreAt a food conference this past weekend, I met a hospital administrator from Ohio who told me his facility did not use non-compete agreements because he thought valuing good work – rather than using scare tactics – is a better way to retain physicians. He’s right and I applaud his…
read moreAfter last night’s game, I ran across an article discussing college coaches and non-compete agreements. It is excellent. Read it. Enjoy it. Attorney Michael Elkon of Fisher & Phillips, a national labor and employment law firm, explains why college football coaches can pick up and move, while the average person (salesman, engineer, doctor, etc. )…
read moreImagine a divorce. The bad kind where people would rather fight than be reasonable. The kind where the only people who win are the attorneys because the financial cost of litigation, coupled with the emotional drain of battle wear the parties out. Now, multiply in some additional hurt feelings, a…
read moreInjunction is a great word. It is quite popular these days, for attorneys to draft language into an employment agreement that says something like the following: EMPLOYEE agrees that should he or she leave the employ of COMPANY and violate any of the covenants outlined above (namely Non-competition / non-solicitation…
read moreI get it. You shouldn’t be able to take some one’s secret information and use it for the benefit for yourself. That is why we have the Uniform Trade Secret Act and states have adopted their own Trade Secret Acts.I also get that stealing is wrong. Its a Commandment afterall,…
read moreLast night at a Christmas gathering I asked friends and family if they had a New Years resolution. The reply was the same. No resolution. Not yet.Despite my group’s non committal response, I believe many of us are making resolutions.To take more time for family.To learn to sew.To lose weight.To…
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