Non-Competes & Business Litigation

Non-Competes No Longer Enforceable for Lower Income Workers

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

Bo Frith
Bo
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What is a Non-Compete Agreement and Are they Enforceable in Virginia?
Business litigation attorney Lauren Ellerman of Frith Ellerman & Davis Law Firm explains what a non-compete agreement is and whether they are enforceable in Virginia.
Lauren Ellerman
Lauren
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.
Lauren Ellerman
Lauren
Non-Competes in the world of Coronavirus

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

Dan Frith
Dan
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Why you have no real “right to work” in Virginia

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

Lauren Ellerman
Lauren
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This is America…I can always quit and find a better job!

Is this a true statement?  Not in Virginia. Maybe half of the statement is correct.  You can quit you job.  However, you cannot always go find a better job in your same industry or locale.  Why?  Because of that one page document you signed 5 years ago (along with health insurance forms and who to

Dan Frith
Dan
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