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
Non-Competes & Business Litigation
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.
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