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Non-Compete Law

Non-Compete Law

Does your employer think you are a risk or threat when you leave? Umm, yes.

In many ways, employment litigation is like family law (now, keep reading – I have a point!).  When things end badly, people don’t trust each-other. They assume one party intends to cause harm and that no one is telling the whole truth.  When a good employee leaves to work for a competitor, or to start…[Read More]

Why Virginia Courts will not re-draft your contract to be reasonable

Virginia is a wonderful place. It is for lovers. It has mountains and oceans and delightful seasons. We have both urban and rural, crowded and vast spaces. It is a Commonwealth, and when I read a contract that states Virginia is a State (and doesn’t reference the fact it is a Commonwealth) I presume the…[Read More]

Noncompete agreements for governmental contractors – what those big legal words actually mean!

Over the last nine years, we have represented hundreds (yes, I think I can say that fairly) of individuals that serve as a contractor to some governmental agency. No, they are no employees of DOD, or DHS, or the FDA, they are hired by third parties to staff projects, or work for these agencies. And,…[Read More]

Liquidated Damages Provisions – are they valid?

  What is a liquidated damages provision, and why should you care? Just this morning I was reviewing a Release / Non-Compete Agreement that contained language like the following: The parties agree to liquidated damages in the amount of $10,000. What does that really mean? 1. Depends on state law Well to begin, what it…[Read More]

I agree – a win for Virginia employers, which will lead to higher legal fees for all

I came across a well written article and Virginia law update this morning on a recent Virginia Supreme Court decision that has had a direct impact how attorneys handle non-compete agreements in Virginia courts. In the past, if an employee wanted the court to decide if his or her employment agreement was valid and binding, the Court…[Read More]

Texas lawyer also preaching the gospel of what “right to work” really means

Just yesterday I wrote maybe my 20th article on what “right to work” really means, and today, I came across this great article written by a Dallas Texas employment attorney. Keith Crouse writes about critical mistakes employees make regarding their non-compete agreement. Glad to see that while the law of Virginia and Texas may be…[Read More]