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Lauren Ellerman

SEVERANCE AND UNEMPLOYMENT in VIRGINIA… oh my
SEVERANCE AND UNEMPLOYMENT in VIRGINIA… oh my 150 150 Lauren Ellerman

You know that scene in Wizard of Oz where Dorothy and the Tin Man and Scarecrow are walking through the forest saying “Lions and Tigers and Bears, Oh My?” Well, in today’s economic climate, employees are likely walking around their offices, nervous, scared about keeping their jobs, arm in arm,…

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SUING AN EMPLOYEE – BAD BUSINESS DECISION?
SUING AN EMPLOYEE – BAD BUSINESS DECISION? 150 150 Lauren Ellerman

Every business, industry and company is unique. I by no means can tell you that companies handle non-competes in the same way, but we do see trends.Ironically, it is the good employees with the solid customer relationships that get sued more often then the terrible employees. Why? Because terrible employees…

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GOOD SOURCE OF INFORMATION ON VIRGINIA NURSING HOMES & VIRGINIA LAW
GOOD SOURCE OF INFORMATION ON VIRGINIA NURSING HOMES & VIRGINIA LAW 150 150 Lauren Ellerman

I came across this website today and was rather impressed. It is a good source of basic information about the law in Virginia, and filing suit against a Nursing Home for abuse or neglect.Check it out and call us if you want to speak about your specific case. No matter…

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TREND TO COMPETE
TREND TO COMPETE 150 150 Lauren Ellerman

I have long been saying that employees in a bad economy, and employers in a bad economy, are more likely to litigate non-competes.Why?Because you have fewer options and often have to take whatever job you can get – even if it violates your non-compete agreement.I read an interesting employee blog…

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WHAT IF YOU DON’T HAVE A NON-COMPETE
WHAT IF YOU DON’T HAVE A NON-COMPETE 150 150 Lauren Ellerman

Get this question all the time:Q: “I can compete right? I never signed a non-compete,” caller inquires.A: I try to explain that yes, you may be able to compete, there are some things you can’t do by law, regardless of your employment contract.Q: “Ugh – like what kind of stuff?”(imagine…

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LITIGATION MOTIVATION IN NON-COMPETES
LITIGATION MOTIVATION IN NON-COMPETES 150 150 Lauren Ellerman

I am not a psychologist, despite my best attempts at trying to understand what motivates people.I am however, an observer of human behavior and have seen the following trends in non-compete / employment contract litigation.Situation 1Litigation occurs when an employee breaks his or her contract, takes secret information and tries…

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ADVICE GIVEN TO YOUR BOSS ABOUT YOUR NON-COMPETE
ADVICE GIVEN TO YOUR BOSS ABOUT YOUR NON-COMPETE 150 150 Lauren Ellerman

Want to know what legal advice companies receive regarding drafting non-competes such that you employees stay in line?Here it is: http://www.virginiabusinesslitigationlawyer.com/2010/08/noncompete-agreements-getting.htmlAlways good to know what the other side is doing.

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CANCER AND MALPRACTICE
CANCER AND MALPRACTICE 150 150 Lauren Ellerman

I took the Trolley home at lunch today to let the dogs out – and back to work. While on the way back I met a very nice lady named Beth who was riding our local trolley because she had radiation this morning and a bone scan of some kind…

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VIRGINIA CODE/ STATUTE ON NON-COMPETES
VIRGINIA CODE/ STATUTE ON NON-COMPETES 150 150 Lauren Ellerman

We get the following question, search query, google question all the time:WHAT DOES THE VIRGINIA CODE SAY ABOUT NON-COMPETES. I could lie and say that in section 8.01-5329046 the Virginia Code says:   “Non-compete agreements are to be disfavored in Virginia… unless of course the employee was a jerk and took…

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WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE?
WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE? 150 150 Lauren Ellerman

Often clients will wonder out loud, over email to my office, or over the phone:“Can the court re-write the non-compete if they find it to be overly harsh or over broad?”My answer as of late has sounded something like this:“Thank God No Virginia Court will or has blue-pencil your agreement….…

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