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Non-Compete Law

Non-Compete Law

Non-Competes Are Bad For The Little Guy and Bad for the Larger Economy

Not my title but my sentiments exactly.  This title comes from an article recently published in Fortune magazine. Non-competes are employment contracts that prevent a departing employee (departing voluntarily or involuntarily) from working for a competitor for one year…or two years…or even three years.  The agreements are not only bad for individual workers but they are bad…[Read More]

Advice for Virginia’s Millennials when signing an Employment Contract (because we know you will quit your job soon to further dedicate yourself to your online startup and won’t call a lawyer when you do)

Advice for Virginia’s Millennials when signing an Employment Contract (because we know you will quit your job soon to further dedicate yourself to your online startup and won’t call a lawyer when you do) Have you heard, we older Americans like to categorize people. It’s true. We subdivide one another by age, birth year or…[Read More]

Tis’ the Season to quit your job and start a new Virginia Business

In the ten years I have been helping Virginia employees transition from one job to another, I have noticed a trend.  End of year bonus in hand, employees quit their jobs around Christmas and open new companies in the new year. Not a bad idea, when thoughtfully done.  Are you looking at the above timeline?…[Read More]

Amazon does the right thing with non-competes

Kudo’s to Amazon (but they had to be shamed into it).  Business Insider reports that Amazon, which employs over 88,000 workers world-wide, plans to remove “non-compete” clauses from its employment contracts for US workers paid by the hour.  By signing the non-compete agreement, workers pledged not to:   …engage in or support the development, manufacture, marketing, or…[Read More]

Never look a severance in the mouth

I know, odd title. Years ago I worked in Loudoun County Virginia for a great General Practice Law Firm (Sevila, Saunders, Huddleston & White) and my old boss used to handle traffic, DUI cases. He would tell clients “never look a gift reckless” in the mouth.. obviously referring to the phrase never look a gift…[Read More]

Think before you leap

I love the New Year. I make resolutions, work out, eat better and do everything that makes me a whole person, for about three weeks. Then the pace of life kicks in and I lose my resolve again until next year. For many Virginia employees, the New Year seems like a good time to finally make the…[Read More]

Lightbulb jokes and non-competes

Do you remember all the great light bulb jokes of the late 1990’s? You could directly insult any kind of person in just a few sentences – blondes, engineers, lawyers, doctors, etc. The beauty of these terrible jokes was that the hyperbole was often based on some element of truth (** BUT FOR BLOND JOKES which are…[Read More]

Once again, the Court surprises me in a non-compete case

I recently learned of a case out of Eastern Virginia  – Depuy Synthes Sales Inc. v. Jones – where employees of one medical device manufacturer (Depuy), left to join a competing company (Sky Surgical) and were quickly sued by their former employers. In the lawsuit, it was alleged the employees violated their contracts, (non-compete and non-solicitation…[Read More]

“narrowly tailored to protect a legitimate business interest”

Question we are often asked: Is your non-compete reasonable and enforceable under Virginia law? Answer we most often give: Yes, if it is narrowly tailored to protect the legitimate business interest of the company… What does that really mean? This week, a Fairfax Virginia Judge http://valawyersweekly.com/2014/03/17/over-broad-geographic-limits-sink-noncompete/ held that it was not likely reasonable for a business…[Read More]