As of today, if you have been injured in the Commonwealth by (1) a physician; (2) a nursing home; (3) or some other kind of accident (car, etc.), you have a right to file a lawsuit. In malpractice cases, you cannot file and serve the lawsuit until you have experts…
read moreYou know how your Mom told you not to say anything at all if you couldn’t say something nice? She was probably smarter than you realized.5. DEFAMATION Virginia recognizes two types of actionable defamation: defamation per se and defamation with proof of special damages. At common law, defamatory words are…
read moreThis is one that always surprised people. On Thursday I wrote about those duties not defined in employment agreements.Read this carefully – I am amazed at how few employees know they have a duty of loyalty to their employers.4. FIDUCIARY DUTY OF LOYALTY Virginia employees have a duty of loyalty…
read moreAs I wrote about earlier, employees have obligations not defined in their employment contracts. Here are two such obligations under Virginia law.2. TORTIOUS INTERFERENCE OF CONTRACT3. TORTIOUS INTERFERENCE WITH BUSINESS EXPECTANCYUnder Virginia law, the following elements must exist in a claim of tortious interference with contract/business expectancy: (1) existence of…
read moreBad news. You can be sued by your old employer even if you do not have an employment agreement.It’s true.Most Virginians are unaware that they have certain legal obligations to their employer regardless of whether they have an employment contract. These duties are defined and created either by Virginia Code,…
read moreAttorneys Shed Light On Proposed “Non-Compete” ChangesGeorgia lawmakers are working on amending the law regarding noncompetition covenants, but ultimately voters would have to decide whether the law changes. The issue is an important one for Georgia employers, who continue to worry about protecting trade secrets, confidential information and customer relationships…
read moreI told a family this week, that I hoped and prayed that their loved one got better… and if she did heal from the pressure ulcers which developed at a local nursing home, then I would not recommend filing a lawsuit.The husband looked shocked. “How could we let them get…
read moreI love marketing… I really do. You have to convince someone they need the product before you can sell it.I came across a reputable lawyer search website that had the following statement as to why Employers should have non-compete agreements:What is a Non-Compete Agreement?This document forms a legal contractbetween an…
read moreAssisted Living facilities are a wildly popular alternative to nursing homes for some Virginia families. Assisted Living Facilities (ALFs) are usually paid for privately and rarely will accept Medicaid or Medicare for payment.Many purport to provide medical care, with doctors and nurses on staff. Other still offer memory units for…
read moreDan and I enjoy reviewing and evaluating non-compete agreements. We enjoy meeting and working with new clients. We enjoy helping people that live far away and need their contracts reviewed.We cannot however, help when a choice of law provision in a contract says that Ohio, Maryland, Kentucky, North Carolina, Florida,…
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