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Lawyers come up with some strange names for things. It’s true. We plead. We allege. We say things like Notwithstanding, and aforementioned. We like funny words. One name I am constantly explaining to clients is the working definition of ‘blue pencil provision.’ In contracts, a blue pencil provision allows the court, as a third party,…[Read More]
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]
We represent employees is disputes against employers. The cases may involve alleged violations of non-compete contracts, breach of fiduciary duty, misappropriation of trade secrets, etc. One of the first things we tell new clients is not to destroy or delete existing emails (whether on the employer’s server or the employee’s home or spouses’s computer). The…[Read More]
We review a lot of physician contracts which contain non-compete restrictions. If the contract is offered to a “new” doctor just out of his/her residency or fellowship program, we always suggest to our clients that they give serious thought to the potential situation where they move their entire family to a new city, find the cost…[Read More]
I am big on trust. I am big on “going with your gut.” But I am also very big on open and clear communication. If you went to a restaurant and told the waiter, “I love steak. Steak is my favorite, what is your best beef dish?” And the server replied, “Order the pork-chop,” you…[Read More]
Our office typically represents employees in business litigation disputes. Yes, we occasionally represent a company but more often than not, we are fighting for an employee who wants to continue work in his or her chosen profession. We do this by evaluating their contracts, the situation and facts, and arguing (when it is appropriate to…[Read More]
We represent employees in non-compete and non-solicitation disputes and often hear from the ex-employer (or more likely their lawyer) that they are going to run to the court and convince a Judge to issue an injunction stopping my client from opening his/her new business or going to work for a competitor. I usually respond with…[Read More]
LIFE HACKS FOR STARTING A NEW JOB Thanks to the internet you can make your life better, and more efficient in a million ways that will blow your mind. Folks call this a hack. I dare you – google “chicken pot pie hack” or “bathroom cleaning hacks.” Ok, done yet? Did you enjoy a video…[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) Have you heard, we older Americans like to categorize people. It’s true. We subdivide one another by age, birth year or…[Read More]
Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer’s business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer’s business. The language, and how courts interpret this restrictive language, can get tricky. For example, some courts have found that a…[Read More]
Contact Us
Frith & Ellerman Law Firm
303 Washington Ave. SW
Roanoke, Virginia 24014
Mailing Address
P.O. Box 8248
Roanoke, Virginia 24014
