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, while helpful, was not clear enough.

In attempt to clarify, I have created a list of stuff, things, actions that employees do that could get them in trouble and be used as evidence in a breach of fiduciary duty case:

  • starting a side business
  • sending business from your employer, somewhere else
  • contacting clients, customers, etc. and saying negative things about the company
  • taking information, documents, etc. from the company
  • using their work computer for personal searches – like the guy who did the following search this week from his company computer: “are my actions in breach of a fiduciary duty?”
  • advertising or promoting a competing business
  • trying to take employees with you somewhere else while still employed

Be careful out there. You could get sued and I would hate for the boss man to have a bunch of dirt that points to you as the bad guy, and the company as the good guy.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.