I have shared my bias before…I dislike non-compete and non-solicitation contracts with a passion. They unfairly prevent an employee from using his/her skills and knowledge to earn a living and feed their family. Even more, these restrictive employment provisions are bad for our economy and American innovation. My home state of Virginia passed a new
Non-Competes & Business Litigation
Elections have consequences. Last year, Virginia’s General Assembly was mostly blue for the first time in decades. Laws were passed that protect WORKERS not COMPANIES. One of these laws, is a total change on how Virginia handles Non-Compete agreements. I have likely written 100 blog posts, podcasts and articles on Virginia Non-Compete law. Heck, we
A landmark new law passed by the Virginia legislature will render many non-competition provisions unenforceable. House Bill 330 states that non-competition provisions can no longer be enforced against “low wage” employees. The statute defines “low wage” as less than the average weekly wage of the Commonwealth. This is a significant change and an amount much
What do Judges in Virginia Look for When Deciding if a Non-Compete Agreement is Enforceable?
Business litigation attorney Lauren Ellerman of Frith Ellerman & Davis Law Firm explains what judges in Virginia look for when deciding if a non-compete agreement is enforceable. Courts must consider whether there is a legitimate business interest behind the non-compete provision or whether the non-compete is too broad.
These are troubling times. Every person and every business in America will be affected. Retailers, restaurants, bars, movie theaters, etc., will be firing, furloughing, and/or laying off hundreds of thousand employees…many of whom have employment contracts which prevent them from working for a competitor. Virginia courts will enforce reasonable non-compete and non-solicitation contracts and they
I have heard it my whole life – “Virginia is open for Business!“ As the daughter of a business owner, as a child I was proud of the moniker. As an attorney who now (a) owns a business and (b) primarily represents employees in business disputes, I have a new take on the open for
Yet again, a smart professional person hired me, and asked the following question: I know I signed an employment contract that says I can’t serve my clients for three years after termination, but the law says I have a right to work doesn’t it? So how can my employer enforce that agreement – it’s against
All – no surprise here, but a few of the big financial houses have decided they don’t like to share. I know, shocking right? According to www.thinkadvisor.com Morgan Stanley and
For years I have advised Virginia employees to calm down when it comes down to Trade Secret issues. Well, I hope I haven’t been that passive aggressive in my advice. My intent has always been to provide employees with a simplified understanding of what their legal rights and obligations are regarding their employer’s trade secrets.