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VIRGINIANS – BE GLAD YOU DON’T LIVE IN GEORGIA 150 150 Lauren Ellerman

VIRGINIANS – BE GLAD YOU DON’T LIVE IN GEORGIA

For some unknown reason that makes like absolutely no sense to me, the voters in Georgia yesterday, said yes to Amendment 1, which gives Georgia companies greater power to enforce non-compete agreements. Now, thanks to the fine electorate of the State, the following is possible: You sign a non-compete. It is ridiculous. You leave. You get…

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WHY DO NURSING HOMES WANT MANDATORY ARBITRATION? 150 150 Dan Frith
  • Dan Frith

WHY DO NURSING HOMES WANT MANDATORY ARBITRATION?

Before I answer the question, let me share with you how the issue arises. Lets say your father falls at home, breaks his hip, has the hip surgically repaired at a local hospital, and is sent to a nearby nursing home for 30 days of physical rehabilitation. Before the nursing home will admit your father…

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WINTER WEATHER AND NURSING HOME CARE 150 150 Lauren Ellerman

WINTER WEATHER AND NURSING HOME CARE

Last year we had a tremendous winter in SW Virginia. By tremendous, I am referring to the snowpocalypse that set in on Western Virginia, MD, NC, etc. The Mid-Atlantic states apparently had as much snow as parts of Alaska. We however, are not used to such a deluge of the white stuff…. which means, our…

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GOVERNMENT CONTRACTORS AND NON-COMPETE / NON-SOLICITATION AGREEMENTS 150 150 Lauren Ellerman

GOVERNMENT CONTRACTORS AND NON-COMPETE / NON-SOLICITATION AGREEMENTS

I would like to thank the Government for keeping my practice busy. Why do the feds deserve such praise? A great deal of people work for companies that call themselves government contractors. Yes, an entire industry exists to support, work for and with our government. From IT people, to defense and intelligence, contractors are everywhere.…

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RADIO STATIONS AND NON-COMPETES 150 150 Dan Frith
  • Dan Frith

RADIO STATIONS AND NON-COMPETES

Radio stations use non-compete clauses in their employment agreements to stop talented “on the air” employees from leaving and going with a competitor. Courts regularly enforce these noncompete clauses if their restrictions are reasonable in scope, duration, and geographic range. I think such agreements are just another unfair way to limit an ex-employee’s job prospects…

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CONFIDENTIALITY AGREEMENTS… IS THAT STUFF REALLY SECRET? 150 150 Lauren Ellerman

CONFIDENTIALITY AGREEMENTS… IS THAT STUFF REALLY SECRET?

Get this question alot. “Hey, Lawyer. I signed this document 7 years ago when I started that says I wouldn’t share any confidential information with anyone outside of Virginia Corporation Company, LLC. I want to start my own business that sort of compete and I don’t have a non-compete… but customers and clients aren’t considered…

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NURSING HOME RESIDENT IN VIRGINIA SUFFERS HEAD INJURY AND DIES 150 150 Lauren Ellerman

NURSING HOME RESIDENT IN VIRGINIA SUFFERS HEAD INJURY AND DIES

Terrible news. Another Virginia nursing home resident dies from a fall. Not just one fall, but over a 2 year period, over 14 falls occurred. And finally, one last fall caused a subdural hematoma and he died. Our firm did not handle this case, it was on the other side of the State… but what…

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HOW SAFE IS OUT-PATIENT SURGERY? 150 150 Dan Frith
  • Dan Frith

HOW SAFE IS OUT-PATIENT SURGERY?

The trend is undeniable…more and more patients are having surgery at their doctor’s office or in “outpatient surgery centers.” At least 15 million procedures are performed at more than 50,000 office-based locations, but only 22 states have any kind of regulations of such practices, and only a fraction of the offices are accredited by any…

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BAD DECISION FROM CONNECTICUT 150 150 Dan Frith
  • Dan Frith

BAD DECISION FROM CONNECTICUT

Virginia courts will enforce non-compete contracts which are reasonable in length and geographical scope. In other words, Virginia courts will not enforce a non-compete agreement which prohibits competition for 10 years any where in the world. But…it looks like state courts in Connecticut will! This month in Xplore Technologies Corp. v. Killion, a Connecticut state…

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HOW TO GET SUED BY YOUR EMPLOYER – top ten mistakes that lead to litigation 150 150 Lauren Ellerman

HOW TO GET SUED BY YOUR EMPLOYER – top ten mistakes that lead to litigation

I am not Leno or Letterman; I am much younger and shorter than either of these guys. But I like top ten lists and want to help Virginia employees with avoiding expensive litigation – so here is the TOP TEN MISTAKES VIRGINIA EMPLOYEES MAKE THAT LEAD TO LITIGATION: Actually, it is only the top 5.…

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THE PITFALLS OF EARLY DISCHARGE FOR SURGICAL PATIENTS 150 150 Dan Frith
  • Dan Frith

THE PITFALLS OF EARLY DISCHARGE FOR SURGICAL PATIENTS

I ran across an interesting article in a recent issue of the Wall Street Journal titled, “Patient, Heal Thyself.” The focus of the article was the increasing trend by hospitals to quickly discharge patients home after surgery. The article stated that “…Nearly 65% of all surgeries don’t require an overnight hospital stay, compared to 16%…

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DOCTORS AND NONCOMPETES: WHAT IS THE AMA’S POSITION? 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NONCOMPETES: WHAT IS THE AMA’S POSITION?

Lauren and I have written numerous posts on non-competes and physicians. Just enter the term “physican” in the search box and you will come up with over 15 different posts on when a non-compete contract can be enforced against a doctor. Want to know what the largest professional association of doctors has to say on…

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