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Lauren Ellerman

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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REFUSED TREATMENT
REFUSED TREATMENT 150 150 Lauren Ellerman

Citizens frequently call our office complaining that their doctor refused to treat them any longer.“He can’t do that, can he?” they often ask.“I have been going there for years and all of a sudden I got a dear john letter.. or a we can’t treat you any more letter. Isn’t…

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NEWSLETTER ON VIRGINIA NON-COMPETE LAW
NEWSLETTER ON VIRGINIA NON-COMPETE LAW 150 150 Lauren Ellerman

We have published a newsletter on Virginia Non-Compete law for a number of years.To read our Fall 2011 update in this area, all you have to do is click right here.To subscribe to our Non-Compete Newsletter, all you have to do is click right here.To learn more about Virginia law…

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FAILURE TO DIAGNOSE
FAILURE TO DIAGNOSE 150 150 Lauren Ellerman

This happens more frequently than you would realize. Patient, we will call him Sam, has stomach pains. Goes to his PCP. PCP says “I think it is gas, or something not to worry about, call back if you still hurt in 3 weeks.” Week 2 – patient is in such…

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DAMAGES in NON-COMPETE CASES
DAMAGES in NON-COMPETE CASES 150 150 Lauren Ellerman

Let us discuss the following: If you are driving, the car in front of you slams on its brakes, and you have to slam on yours to avoid hitting them… You do avoid hitting them, do you think they can sue you for “almost causing property damage? The answer is:…

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WHAT IF YOUR CONTRACT CHANGES.. AGAIN
WHAT IF YOUR CONTRACT CHANGES.. AGAIN 150 150 Lauren Ellerman

Recently, I have seen more than one individual who over the course of their employment, has been asked to sign not one, not two but three or more agreements containing non-compete language. Upon review I discovered the following: Year 1996 – Contract A was signed – Employment Agreement. California Choice…

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