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Non-Compete Law

Non-Compete Law

Let’s Move to the United Kingdom

Let’s go.  Right now! The British government is investigating banning or severely restricting the use of non-compete clauses that specify where and how employees can work when they leave a business.  A government official is quoted as saying, “I am clear that I want to see more enterprising start-ups and greater productivity in a free and…[Read More]

What does your Non-Compete really mean?

Imagine this: CALLER: “Dear attorney, my contract says I can sell Christmas trees within a 150 miles from my old Christmas tree stand. Does that mean 150 miles by road, or as the crow flies?” ATTORNEY: “Well, that depends. Does the contract specify? No? Then it means what the parties thought it meant when they…[Read More]

What happens to my non-compete when my company is bought out?

We hear this question a lot and the answer depends on the wording of the non-compete contract. If the non-compete contract provides that the contract is “binding upon the parties’ successors and assigns,” it may be enforceable by the new owners of your old company.  If the non-compete contract does not provide that it is…[Read More]

Residential Real Estate Brokers and Non-Competes

By now readers of this blog know our position.  We strongly believe that non-compete and non-solicitation clauses are bad.  They are bad not only for the unsuspecting/unknowing employee but they are bad for innovation, bad for economic growth and development, and bad for the economy. It appears that some business owners agree with me.  Robert Reffkin…[Read More]

College Football and Non-Compete Contracts

I love college football…even though my favorite Virginia Tech Hokies are not playing at the level they enjoyed several years ago.  But as a reader of this blog you might ask, “what do college football and non-compete contracts have in common?”  The answer is a lot. First, let me disclose my bias – I hate…[Read More]

Hospital and Doctor Fight over Non-Compete: The Patients Lose

A recent newspaper article from West Virginia reported on a case where a hospital sued a doctor, alleging he broke his non-compete agreement with the hospital. The lawsuit alleges the doctor became a staff physician at Wheeling Hospital on April 1, 2010, and continued until March of this year, when he informed supervisors of his intent to…[Read More]

Do Not Sign It!

I hate to over simplify the issue but if you are asked to sign a non-compete or non-solicitation contract as a part of a new job, don’t.  More precisely, do not sign a non-compete or non-solicitation contract without reviewing the contract, and its potential impact on your future and your ability to earn a living,…[Read More]

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]

Employees and LinkedIn Accounts

Many of my firm’s clients have LinkedIn accounts.   Some started using this social media site on their own and some were encouraged (even required) to open an account by their employers.  Regardless of the reason, a LinkedIn account can bring you business and help you network within your trade or industry. However, the big question these…[Read More]