Articles

Virginia Bans Non-Competes for Certain Employees

Beginning July 1, 2020, Virginia began prohibiting employers from entering non-competes with employees who make less than the average weekly wage. The law states: No employer shall enter into, enforce, or threaten to enforce a covenant not to compete with any low-wage employee. The term “low-wage employee” is defined as: An employee whose average weekly earnings, calculated by dividing the employee’s earnings during

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Before You Quit: How to Handle Your Non-Compete

If you signed a non-compete with your employer, here are some things to consider before you separate from employment: There are lots of other things to consider if you have a non-compete before you take a new job. Should you give notice? Should you let your co-workers know in advance? What about telling your new employer about your non-compete? All these questions depend on your specific

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Virginia Doctor Non-Compete Invalid Under Stark Law

In Virginia, it is not uncommon for doctors to have non-compete contracts. Many physicians will be asked to sign a non-compete as a condition of employment, and the non-compete will be included in the physician contract. For now, the Virginia General Assembly has allowed medical practices to include non-compete contracts when hiring doctors. Not all states allow non-competes, and the American Medical Association

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Court Enforces Non-Compete Forum Selection Clause

When you sign a non-compete contract, be sure to review the entire agreement for any forum selection clause or choice of law provisions. What is a forum selection clause? A forum selection clause designates the place where the parties to an agreement can address disputes arising from the contract. These clauses are often located near the end of the contract, and state something

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Non-Compete Contracts and Declaratory Judgement in Virginia

Virginia employees have a right to ask a court to declare that their non-compete contract is overbroad and unenforceable. In order to invalidate a non-compete contract, the employee can preemptively file a legal action for “declaratory relief.” A declaratory judgment action can be filed in state or federal court. The parties will exchange discovery, and the court will thereafter hold a hearing. In

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Fairfax Court Considers Non-Compete Case Against Web Developers

If you work in Northern Virginia as a web developer, software engineer, or other professional with a technology company, your work is in high demand.  There is a good chance that you have a non-compete limiting your mobility if you separate from your employment. Before switching employers, employees should consider whether a non-compete agreement is enforceable and plan for a smooth transition upon exit. Consider

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Court Applies Choice of Law Provision in Non-Compete Dispute

Joseph Dietrich and Thomas Swider worked for Senture, LLC, selling services and support for government security programs. Specifically, Mr. Swider and Mr. Dietrich worked on the government’s Transportation Workers’ Identification Credential (“TWIC”) program. In 2007, they left Senture and joined a competitor, SAIC, Inc., shortly thereafter. Around the same time, SAIC obtained a subcontract with Lockheed Martin to do TWIC work similar to what Senture

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Nurse Practitioner Non-Compete Deemed Invalid and Unenforceable

In 2006, Ameanthea Blanco joined Patient First Richmond Medical Group (“Patient First”) as a Family Nurse Practitioner. She was responsible for screening patients in an primary and urgent care setting. As a condition of employment, she signed a non-compete contract. In 2010, while working for Patient First, Ms. Blanco formed Acira Health Professional, Inc., d/b/a The Practice, and solicited two physician co-workers at Patient First to

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