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INDUSTRIES IN VIRGINIA THAT HAVE NON-COMPETES 150 150 Lauren Ellerman

INDUSTRIES IN VIRGINIA THAT HAVE NON-COMPETES

Last year I shared the list of industries where we saw the use of non-compete agreements. The list was amazingly diverse – all industries, all areas, all levels of employment. Here is the 2010 list and it is just as crazy! Medicine – Physicians Medicine – Nurses / Physical Therapists Retail (you name it) Financial…

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VA NON COMPETE LAWYER 150 150 Lauren Ellerman

VA NON COMPETE LAWYER

You found us – Virginia non-compete lawyers, or, an attorney who practices in Virginia and focus our practice on non-compete advice and litigation. But here is the kicker: we don’t work for big companies. We work for employees and small businesses; you know, the fine working men and women of the Commonwealth who are asked to sign these…

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FIDUCIARY DUTY in VIRGINIA — spelled out 150 150 Lauren Ellerman

FIDUCIARY DUTY in VIRGINIA — spelled out

I wrote a blog last week on fiduciary duty of employees which you should read. The basic conclusion of the post was simply this: employees should be careful because some seemingly harmless activities, could get them in court before a judge, being accused of breaching fiduciary duty of loyalty. I have decided that the post,…

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RESIDENT ELOPES FROM VIRGINIA ASSISTED LIVING FACILITY 150 150 Lauren Ellerman

RESIDENT ELOPES FROM VIRGINIA ASSISTED LIVING FACILITY

I read about a case today that was settled in favor of a family who lost their father when he eloped from an assisted living facility and fell into a drainage ditch, and died. It is every family’s worst nightmare and yet it happens annually in Virginia. Loved ones with dementia, Alzheimer’s, short term memory…

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VIRGINIA NON-SOLICITATION AGREEMENT 150 150 Lauren Ellerman

VIRGINIA NON-SOLICITATION AGREEMENT

Did you sign one of these? Does it say something like…. The employee hereby agrees that he/she will not, for a period of 18 months after his or her employment ends for any reason, encourage, solicit, induce, or invite other employees of the company, to leave the company for any reason…. or it might say…

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WHAT YOU NEED TO BRING TO A VIRGINIA NURSING HOME 150 150 Lauren Ellerman

WHAT YOU NEED TO BRING TO A VIRGINIA NURSING HOME

I like to make lists. If I could plan for someone having to get treatment at a nursing home, even short term rehab after a surgery, I would write the following list of things to do / bring to the nursing home: 1. A Power of Attorney – appointing someone to make decisions on my…

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WOUND CARE IN VIRGINIA NURSING HOMES 150 150 Lauren Ellerman

WOUND CARE IN VIRGINIA NURSING HOMES

I just looked at a stack of photographs, of a client who suffered greatly from developing pressure ulcers all over his body which became infected, causing his death. You really do not want to know what I am speaking of. When we lose muscle, circulation decreases, our skin becomes more fragile and can break down.…

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HOW TO BEAT YOUR VIRGINIA NON -COMPETE – Second Edition 150 150 Lauren Ellerman

HOW TO BEAT YOUR VIRGINIA NON -COMPETE – Second Edition

The law on non-competes in Virginia is not defined by statute, but rather common law, which means, case by case the body of law is created. That means, that the law is ever changing and not as Shakespeare says, “an ever- fixed mark.” So, with that, our analysis of non-compete cases change and so must our…

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YOU OWE YOUR EMPLOYER A FIDUCIARY DUTY OF LOYALTY 150 150 Lauren Ellerman

YOU OWE YOUR EMPLOYER A FIDUCIARY DUTY OF LOYALTY

Hold on. Did you know you “owe your employer a duty of loyalty? A fiduciary duty of loyalty?” What is a “fiduciary duty?”Well, in Virginia, it is … ugh, when you ugh… don’t compete or umm… take business and stuff from your boss, and give it to well – someone else. Not a very articulate…

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COST OF A MEDICAL MALPRATICE CASE 150 150 Dan Frith
  • Dan Frith

COST OF A MEDICAL MALPRATICE CASE

Nothing is free in this world. Even filing a lawsuit when your agreement with the attorney is based on his or her success, is not free. The costs of investigating, filing and pursuing a Medical Malpractice case are great. What do I mean when I say “costs?” 1. emotional costs – you will be asked to…

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WHAT DOES SOLICIT MEAN? 150 150 Lauren Ellerman

WHAT DOES SOLICIT MEAN?

We get this question all the time: “My contract says I can’t solicit their customers.. but what happens when the customers come to me without my asking? I can help them, can’t I?” There is nothing black / white in non-compete / employment litigation. There is no law or code section that defines the word…

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TO FRIEND OR NOT TO FRIEND 150 150 Lauren Ellerman

TO FRIEND OR NOT TO FRIEND

Ok folks… Please use your brain. What you write, blog, tweet, and who you friend on facebook, or connect to on Linked In, is visible to the entire world. And sometimes, those friends, links, blogs and tweets will be used against you in Court. A Non-compete client “friended” me on facebook last week.I ignored him.Why?Because…

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