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When to Read and Understand Your Employment Agreement
When to Read and Understand Your Employment Agreement Lauren Ellerman

When to Read and Understand Your Employment Agreement

I will admit it. I have signed agreements and not read them fully. Like credit card contracts or cell phone agreements. I am not proud of this fact, but truthfully,  consumer contracts seem so impersonal that I have always assumed the terms were not negotiable and really, pretty harsh. But a professional who is given an…

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Cease and Desist Letters and Other Myths 150 150 Lauren Ellerman

Cease and Desist Letters and Other Myths

Virginia employers often send tough, strongly worded “cease and desist” letters to former employees who work for a competitor or start a company. The goal is to scare you. If you do not comply, they allege you will potentially face dire consequences under penalty of law. Many times, the letter arrives on the stationary of…

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HB 1187: Virginia General Assembly Considers Non-Compete Law 150 150 Lauren Ellerman

HB 1187: Virginia General Assembly Considers Non-Compete Law

This month, the Virginia General Assembly returns to work in Richmond. A reader contacted us about House Bill 1187 sponsored by Delegate Patrick Hope (D- Arlington) significantly restricting non-compete agreements throughout the state. Here’s a summary of the pending legislation: Non-competition agreements.  Makes unlawful any contract that serves to restrict an employee or former employee…

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Steve Jobs, Apple and Non-Compete Agreements 150 150 Dan Frith
  • Dan Frith

Steve Jobs, Apple and Non-Compete Agreements

I am currently reading Steve Jobs by Walter Isaacson. It is a fascinating account of the driven life of Steve Jobs and how he pushed Apple to become the giant it is today.  Let’s face it: we love our iDevices and Steve Jobs gets most of the credit for these wonderful gadgets. The book, however, makes it clear that…

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Now Available for iPad/Kindle: “How to Beat Your Virginia Non-Compete” 150 150 Lauren Ellerman

Now Available for iPad/Kindle: “How to Beat Your Virginia Non-Compete”

At a food conference this past weekend, I met a hospital administrator from Ohio who told me his facility did not use non-compete agreements because he thought valuing good work – rather than using scare tactics – is a better way to retain physicians. He’s right and I applaud his position. I also met a…

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College Football Coaches and Non-Compete Agreements 150 150 Lauren Ellerman

College Football Coaches and Non-Compete Agreements

After last night’s game, I ran across an article discussing college coaches and non-compete agreements. It is excellent. Read it. Enjoy it. Attorney Michael Elkon of Fisher & Phillips, a national labor and employment law firm, explains why college football coaches can pick up and move, while the average person (salesman, engineer, doctor, etc. ) is not permitted to work…

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Non-Compete Litigation: A Divorce, But Worse 150 150 Lauren Ellerman

Non-Compete Litigation: A Divorce, But Worse

Imagine a divorce. The bad kind where people would rather fight than be reasonable. The kind where the only people who win are the attorneys because the financial cost of litigation, coupled with the emotional drain of battle wear the parties out. Now, multiply in some additional hurt feelings, a few company owners that say…

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Report Finds Most Hospital Errors Go Unreported 150 150 Dan Frith
  • Dan Frith

Report Finds Most Hospital Errors Go Unreported

Last week, The New York Times published a shocking article, Report Finds Most Errors at Hospitals Go Unreported, exposing how most hospital errors are never reported to the government. Even with medical errors rising, it was distressing to learn that most mistakes go unreported to state and federal agencies charged with oversight. The opening sentence says…

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Your Provider: Doctor or Nurse Practitioner? 150 150 Dan Frith
  • Dan Frith

Your Provider: Doctor or Nurse Practitioner?

As the Roanoke Times recently reported, Proposal Calls for Medical Teamwork Between Doctors, Nurse Practitioners, Virginia health care providers may soon increase the number of nurse practitioners delivering primary care. Here is my problem: Patients rarely get to see their doctors anymore. They are pushed off on nurse practitioners, who work very hard on behalf of patients but…

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Injunction: Often Sought, Not Often Granted 150 150 Lauren Ellerman

Injunction: Often Sought, Not Often Granted

Injunction is a great word. It is quite popular these days, for attorneys to draft language into an employment agreement that says something like the following: EMPLOYEE agrees that should he or she leave the employ of COMPANY and violate any of the covenants outlined above (namely Non-competition / non-solicitation provisions) that COMPANY will suffer…

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If You Have Been a Victim of Medical Malpractice 150 150 Dan Frith
  • Dan Frith

If You Have Been a Victim of Medical Malpractice

If you think you have been the victim of medical malpractice, this is the advice I would give you if you called our office: 1. Be patient. It does not help to call a lawyer the week something happened, because rarely does anyone know the scope of their injury within a week. In order for…

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What Would the World Look Like Without Non-Compete Agreements? 150 150 Lauren Ellerman

What Would the World Look Like Without Non-Compete Agreements?

I get it. You shouldn’t be able to take some one’s secret information and use it for the benefit for yourself. That is why we have the Uniform Trade Secret Act and states have adopted their own Trade Secret Acts. I also get that stealing is wrong. Its a Commandment afterall, so it makes since…

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