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Lauren Ellerman

HOW A NON-COMPETE CASE PLAYS OUT IN COURT
HOW A NON-COMPETE CASE PLAYS OUT IN COURT 150 150 Lauren Ellerman

I just finished explaining to a caller, that some non-compete cases focus on the law, and some on the facts.What do I mean by this and why should you care?Under Virginia law, non-compete agreements are decided on a case by case basis. When the law defines a case:An employee, once…

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DUTY TO YOUR VIRGINIA EMPLOYER
DUTY TO YOUR VIRGINIA EMPLOYER 150 150 Lauren Ellerman

I love a good analogy.If you got married, but didn’t say any vows out-loud during the ceremony, do you think you could cheat, lie, steal money and not honor your spouse without consequence?Of course not. Everyone knows that marriage comes with certain duties – whether you spell them out during the…

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FALSIFICATION OF NURSING HOME RECORDS
FALSIFICATION OF NURSING HOME RECORDS 150 150 Lauren Ellerman

Potential clients often assume I take everything at face value that is found in the medical record.They even assume, sometimes, that records have been changed and that you cannot prove it.GUESS WHAT..? Sometimes, you can prove it when records have been changed, falsified, etc.Example 1 –I had a case years…

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FINALLY A POLITICIAN THAT FEELS YOUR PAIN
FINALLY A POLITICIAN THAT FEELS YOUR PAIN 150 150 Lauren Ellerman

Good news Virginians. Someone who is running for office, has been in your shoes.What shoes?The employee “got sued by my ex-employer and had to pay attorneys fees” shoes. http://www.washingtontimes.com/news/2011/sep/25/virginia-senate-candidate-draws-heat-for-small-bus/Some think it is a negative that the candidate was involved in litigation and that it was alleged he breached his contract.…

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WHAT YOUR ACTIONS MEAN, LEGALLY SPEAKING IN EMPLOYMENT CASES
WHAT YOUR ACTIONS MEAN, LEGALLY SPEAKING IN EMPLOYMENT CASES 150 150 Lauren Ellerman

Ugh. I hate to do this, but I think it is time to share with you, the good employees of Virginia, the following secrets about lawsuits and litigation.In real life, when something happens in the employment context, it often is dismissed as part of doing business.In Court (which is NOT REAL…

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VIRGINIA EMPLOYMENT LAW
VIRGINIA EMPLOYMENT LAW 150 150 Lauren Ellerman

I love buzz words and misunderstood phrases. They keep attorneys like me, in business.For example: “Right to Work State.”You know what that means, don’t you?RIGHT TO WORK STATE MEANS:a. You can’t be fired without cause.b. You can’t be forced to sign a non-compete.c. Both a & b.d. You can’t be…

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CONSIDERATION in VIRGINIA NON-COMPETE AGREEMENTS
CONSIDERATION in VIRGINIA NON-COMPETE AGREEMENTS 150 150 Lauren Ellerman

What is consideration?It is not when your husband opens the car door for you. That is being considerate.It is not when you think about a decision before you make it. That is considering your options.Consideration in any Virginia Contract, is the mutual promise of performance.I will agree to do X,…

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SURGICAL MISTAKES
SURGICAL MISTAKES 150 150 Lauren Ellerman

bowel perforation.sepsis.leak.adhesions.open repair.follow up surgery.fever.infection.complication.We see these words a great deal in surgical cases.Typically, someone goes in for a non-emergency surgery such as a colonoscopy, hernia repair, removal of a cyst, gallbladder, appendix, etc.. and during the surgery or procedure, the colon or bowel is nicked, cut, sliced, or perforated.…

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CAREGIVING IN VIRGINIA – MEMORY LOSS ETC.
CAREGIVING IN VIRGINIA – MEMORY LOSS ETC. 150 150 Lauren Ellerman

What do you families do when their loved one has memory loss?They can arrange for in home care – maybe provide it themselvesThey can look for memory loss assisted living careThey can search for nursing homes that can provide for their loved ones – safety and medical needsThey can worry,…

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VIRGINIANS WITH NON-COMPETE and/or NON-SOLICITATION AGREEMENTS
VIRGINIANS WITH NON-COMPETE and/or NON-SOLICITATION AGREEMENTS 150 150 Lauren Ellerman

What a year it has been. And we are seeing more and more non-competition and non-solicitation agreements popping up in the most unusual places.Like in day care. Or in tattoo parlors and in hospital rooms.Here are just a few, a sampling really, of the industries we have seen these contracts…

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