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DUTY TO EMPLOYER PART III 150 150 Lauren Ellerman

DUTY TO EMPLOYER PART III

This is one that always surprised people. On Thursday I wrote about those duties not defined in employment agreements. Read this carefully – I am amazed at how few employees know they have a duty of loyalty to their employers. 4. FIDUCIARY DUTY OF LOYALTY Virginia employees have a duty of loyalty to their employers.…

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ANOTHER VIRGINIA COURT RULES AGAINST NURSING HOME’S REQUEST FOR ARBITRATION 150 150 Dan Frith
  • Dan Frith

ANOTHER VIRGINIA COURT RULES AGAINST NURSING HOME’S REQUEST FOR ARBITRATION

Why don’t Virginia nursing homes give up? Virginia courts do not like enforcing mandatory arbitration agreements contained in nursing home admission contracts. You know…the language which says the nursing home can sue you for failing to pay your charges but if the nursing home staff drops you and breaks your hip you cannot hold the…

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EMPLOYEE DUTIES PART II 150 150 Lauren Ellerman

EMPLOYEE DUTIES PART II

As I wrote about earlier, employees have obligations not defined in their employment contracts. Here are two such obligations under Virginia law. 2. TORTIOUS INTERFERENCE OF CONTRACT3. TORTIOUS INTERFERENCE WITH BUSINESS EXPECTANCYUnder Virginia law, the following elements must exist in a claim of tortious interference with contract/business expectancy: (1) existence of a contract / business…

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EMPLOYEE GETS SUED WITHOUT EMPLOYMENT AGREEMENT 150 150 Lauren Ellerman

EMPLOYEE GETS SUED WITHOUT EMPLOYMENT AGREEMENT

Bad news. You can be sued by your old employer even if you do not have an employment agreement. It’s true. Most Virginians are unaware that they have certain legal obligations to their employer regardless of whether they have an employment contract. These duties are defined and created either by Virginia Code, or the common…

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BAD NEWS FOR GA EMPLOYEES RE NON-COMPETES 150 150 Lauren Ellerman

BAD NEWS FOR GA EMPLOYEES RE NON-COMPETES

Attorneys Shed Light On Proposed “Non-Compete” Changes Georgia lawmakers are working on amending the law regarding noncompetition covenants, but ultimately voters would have to decide whether the law changes. The issue is an important one for Georgia employers, who continue to worry about protecting trade secrets, confidential information and customer relationships when key employees jump…

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HOW MUCH TO MEDICAL MALPRACTICE CASES COST? 150 150 Lauren Ellerman

HOW MUCH TO MEDICAL MALPRACTICE CASES COST?

I told a family this week, that I hoped and prayed that their loved one got better… and if she did heal from the pressure ulcers which developed at a local nursing home, then I would not recommend filing a lawsuit. The husband looked shocked. “How could we let them get away with that?” he…

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FILL IN THE BLANK EMPLOYMENT CONTRACTS 150 150 Lauren Ellerman

FILL IN THE BLANK EMPLOYMENT CONTRACTS

I love marketing… I really do. You have to convince someone they need the product before you can sell it. I came across a reputable lawyer search website that had the following statement as to why Employers should have non-compete agreements: What is a Non-Compete Agreement? This document forms a legal contractbetween an employer and…

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ASSISTED LIVING NEGLIGENCE IN VIRGINIA 150 150 Lauren Ellerman

ASSISTED LIVING NEGLIGENCE IN VIRGINIA

Assisted Living facilities are a wildly popular alternative to nursing homes for some Virginia families. Assisted Living Facilities (ALFs) are usually paid for privately and rarely will accept Medicaid or Medicare for payment. Many purport to provide medical care, with doctors and nurses on staff. Other still offer memory units for Alzheimer’s and dementia patients,…

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CHOICE OF LAW – WHY YOU MAY NEED TO GO OUT OF STATE TO GET AN ATTORNEY 150 150 Lauren Ellerman

CHOICE OF LAW – WHY YOU MAY NEED TO GO OUT OF STATE TO GET AN ATTORNEY

Dan and I enjoy reviewing and evaluating non-compete agreements. We enjoy meeting and working with new clients. We enjoy helping people that live far away and need their contracts reviewed. We cannot however, help when a choice of law provision in a contract says that Ohio, Maryland, Kentucky, North Carolina, Florida, law apply. We cannot…

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INVESTMENT BANKERS / FINANCIAL ADVISORS AND NON-COMPETES 150 150 Lauren Ellerman

INVESTMENT BANKERS / FINANCIAL ADVISORS AND NON-COMPETES

I am sure if you are a financial advisor or broker, you are aware of the prevalence of non-compete agreements in your industry. And I am also sure you have heard rumors that they exist on all levels – from the beginners, to the guys making $40mill a year. So what happens when the executives…

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EVEN CELEBS HAVE NON-COMPETES 150 150 Lauren Ellerman

EVEN CELEBS HAVE NON-COMPETES

Don’t you just love one local news anchor? Isn’t it usually the case that we pick favorites and watch their news cast? I know I do. Well, your local TV personality likely has a non-compete agreement. If he or she leaves, you the viewer may follow which the network clearly does not want. One Washington…

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NURSE GOING TO JAIL! ARE YOU KIDDING ME? 150 150 Dan Frith
  • Dan Frith

NURSE GOING TO JAIL! ARE YOU KIDDING ME?

This story is one of the more scary items I’ve seen reported by the media. The New York Times ran a story about a nurse (Anne Mitchell) in Texas who informed state regulators that a doctor (Rolando G. Arafiles Jr., MD) at her rural hospital was practicing bad medicine. What did she get in return?…

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