A Nursing home under Virginia law, is a medical provider. This means the facility (and by extension its staff) owes the residents of the facility, certain legal duties. There is not an exact list of duties, but basically they must take care of, protect and treat your loved one’s needs.This…
read moreDear Employees:I want to let you in on a little secret. Cease and Desist letters are often written simply to scare you into submission by employers. They are not always written by lawyers and often times, your employer has no plan on actually suing you.How do I know this?Because people…
read moreI had the displeasure of spending 6 hours Tuesday night in our local Emergency Room, with my Mother.Quick story – my Mom has MS and cannot walk about more than 5 feet with a walker. She was walking to her electric scooter, fell, hit her head on a table and…
read moreDo you need a Virginia attorney to review one of the following?– Non-Compete Agreement– Severance or Separation Agreement – Employment Contract– Non-Solicitation Agreement– Confidentiality ClauseAlthough our firm is located West of Charlottesville in Roanoke, we can review and advise Virginians all over the Commonwealth. Chances are good we can review…
read moreYou have spent years building a “book of business” which includes vendors, clients, suppliers etc. Many weekends away from your family have been dedicated to meeting and making new business contacts and conventions and meetings.For what? Now your employer says you cannot take those clients with you. Are they right?…
read moreYes, nurses, like all professionals, can make mistakes. But is a nurse’s mistake “malpractice” in the legal sense?In Virginia, you have a malpractice action if (1) medical professional is negligent and (2) that negligence is the sole cause of physical pain or suffering.Could a nurse administer the wrong medication? Fail…
read moreTis the Season, right? The Season for office Christmas parties and cocktails and people saying too much to their colleagues.I remember one office Christmas party many years ago that involved inappropriate jokes and alcohol. People were overly friendly and a few hilarious memories were made.But can you imagine with me…
read moreAre employment contracts in Virginia legal?YES.Are they binding?YES – but if a provision in the Contract is unreasonable (ie – noncompete provision), a Virginia court could find the provision is not binding.Are contracts binding in a right to work state?Yes, Again, right to work only means you can’t be forced…
read moreI was on a corporate law firm website today. The firm represents employers and companies in employment litigation.They advertise that the first step when an employee leaves and there is the threat they will breach their non-compete agreement, is to “write a firm cease and desist letter” “demanding the return…
read moreMany Virginians want to know how they can work around their non-compete.I have had some very creative clients who have thought of unique ways to get around their non-compete agreements. Yes, I mean, compete without it appearing that they are competing.Here are some failed ways to “get around you non-compete.”1.…
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