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Where to find warm hearted long term care? Some move out of the country 150 150 Lauren Ellerman

Where to find warm hearted long term care? Some move out of the country

We are living longer. But that doesn’t mean our later years are always golden. Imagine spending the last 3 weeks of your life strapped into a geri-chair next to a nurses station in a sterile, bright and cold nursing home. Imagine spending the last hours of your life alone, unable to speak, or eat, with…

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No such thing as a standard employment contract 150 150 Lauren Ellerman

No such thing as a standard employment contract

So, dear Virginia employee, you have a standard employment contract you say? Does it require you to pay your company’s attorneys fees if you break your contract? Does it allow your company to sell your contract to a new company? Does it give your company access to your personal emails? Does it give your company…

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Falls in Nursing Homes 150 150 Lauren Ellerman

Falls in Nursing Homes

I am not a doctor. I am not a nurse. I don’t work in a nursing home. BUT after almost 10 years of representing families who have suffered great loss because of nursing home negligence, I have learned one thing. Sometimes falls happen. Most of the time the falls could have and should have been…

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Yes, I think you have a lawsuit but I don’t recommend you file it 150 150 Lauren Ellerman

Yes, I think you have a lawsuit but I don’t recommend you file it

INVESTMENT SCENERIO 1 If someone called you and told you, they could take $10,000 of your money, invest it, and in 2 years, you would get your $10,000 back plus $100 in interest, would you do it? $100 return on a $10,000 investment seems pretty low. Almost not worth it. INVESTMENT SCENERIO 2 So what…

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What kind of an employee are you? 150 150 Lauren Ellerman

What kind of an employee are you?

I seem to recall a line in The Wizard of Oz where Dorothy is asked “What kind of a witch are you?” She replies, “I’m not a witch at all. I’m Dorothy Gale from Kansas.” A perfectly logical response to such a strange question. By: Linda Hartley So Virginia worker, I ask in earnest, “What…

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Are Non-Compete Contracts Binding in Virginia? Yes (Maybe)! 150 150 Lauren Ellerman

Are Non-Compete Contracts Binding in Virginia? Yes (Maybe)!

Seriously, I hear this all the time when clients call for non-compete advice: “I signed the non-compete because they aren’t really binding or enforceable, right?” [No, they are actually very much binding in Virginia and enforceable unless a judge says otherwise.] “Yeah, but there is a technicality. You see, it says my start date was October 4,…

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Why the Law – and Reality – Don’t Often Cross Paths 150 150 Lauren Ellerman

Why the Law – and Reality – Don’t Often Cross Paths

So the Supreme Court of Virginia issued a pretty big decision this week on how lower courts should approach and  evaluate restrictive covenants in Virginia. The case is called Assurance Data Inc. v. Malyevac, and the Court said,”[A] demurrer cannot be used to decide on the merits whether a restraint on competition is enforceable.” Translation: The big boss decided the other judges need to look…

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Tort Reform and HBO’s The Newsroom 150 150 Lauren Ellerman

Tort Reform and HBO’s The Newsroom

I have been watching a TV show on HBO called Newsroom for the last two years. Last night’s season finale was overly romantic, enjoyable and as a plaintiff’s lawyer (that means I represent individuals typically against companies) I particularly enjoyed a tete a tete between two characters (one of whom is an employment lawyer). A…

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Lawsuits and Non-Compete Agreements 150 150 Dan Frith
  • Dan Frith

Lawsuits and Non-Compete Agreements

I hate noncompete employment contracts.  These contracts inhibit innovation and crush the soul (and finances) of young entrepreneurs who want to be the next Bill Gates, Steve Jobs, or even Walt Disney.  Unfortunately, these restrictive contracts are becoming more and more common. We see them in every job or profession from doctors to retail salesman to…

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Filing a Complaint Against a Virginia Nursing Home 150 150 Lauren Ellerman

Filing a Complaint Against a Virginia Nursing Home

Every day we get calls from families who believe their loved ones have been neglected, mistreated, ignored or harmed in a Virginia nursing home. And everyday I explain that in order to file a lawsuit against a nursing facility, you must prove their action was (a) negligent; that (b) their negligence was a proximate cause…

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Should I Have My Employment Contract Reviewed? 150 150 Lauren Ellerman

Should I Have My Employment Contract Reviewed?

So, you have an employment contract. It’s a brand new job and you are new to the industry. If you want to protect your rights in the workplace, it is important to have an attorney briefly review your agreement. Before you start working, is this a good time to have an employment lawyer in your state review…

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Over-Medication of Virginia Nursing Home Residents 150 150 Lauren Ellerman

Over-Medication of Virginia Nursing Home Residents

The over-medication of nursing home patients is a major problem. By overmedication, I don’t mean too many pills for various acute or chronic conditions – but rather, whether patients are given too much of a medication such that their behavior was altered, or their behavior subdued. Think overdose. Think somnolent, sleepy, not easy to awake, “out of it,”…

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