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Non-Compete Law

Non-Compete Law

LinkedIn and Non-Competition Agreements

Most business folks know about LinkedIn.  A social networking site designed for business and professional communities. The goal of the site is to allow members to establish and document networks of professionals they know and trust.  Many companies want their employees to have a presence on LinkedIn, which can lead to more business (read “sales and income”) to the employer….[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]

You don’t have a right to work in a right to work state

When you hear you work and live in a “right to work” state, please know, it has nothing to do with your non-competition agreement. In fact, all the federal right to work law says is that you cannot be forced to join a union. There you have it. If you live in a ‘Right to…[Read More]

Non-Competes for Fast Food? Give me a Break!

I have shared my views previously…I hate non-compete and non-solicitation contracts.  They are unfair, unnecessary, and limit entrepreneurial competition and innovation. I could not believe the recent reports that Jimmy Johns, a submarine sandwich franchise, required its employees to sign an oppressive and highly restrictive non-compete.  It has been reported the agreement prohibited employees from performing…[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]

Jimmy Johns – really?

You have likely heard by now of the recent issue with Jimmy Johns sandwich shops, and their desire to have their minimum wage employees sign non-competes (as well as managers, etc.). Normally, specialty food stores have employees sign confidentiality agreements, that may say (paraphrasing of course) “hey employee, don’t go share our secret sauce recipe…[Read More]

Tortious Interference of Contract / Business Expectancy – and what every Virginia employee should know

Dear Virginia employee: Whether you signed an employment agreement or not, you owe various legal duties to your employer. Nope, its true. And two of these unspoken duties, are that you will not interfere with your employer’s contracts or business expectancies. So what does that practically mean? Under Virginia common law, if an employer can…[Read More]