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Virginia Bans Non-Competes for Certain Employees

Effective July 1, 2020, Virginia will ban non-competes for 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 the period of . . .

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Before You Quit: How to Handle Your Non-Compete

If you signed a non-compete, here are some things to consider before you leave:

Get a copy of your non-compete contract. Make sure you have a copy of your contract. Hopefully, you kept a copy when you signed it. But if you lost your copy, or never got one, you have to be careful. You could ask your boss, but it will . . .

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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 . . .

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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’s a forum selection clause?

A forum selection clause designates the place where disputes will be brought if the non-compete has to be enforced. At the end of the contract, there’s usually a paragraph that says, “Any disputes . . .

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Asked to Sign a Non-Compete? Know Your Virginia Rights

Have you been asked to sign a non-compete contract at work?

If you are a Virginia employee, then you should be aware of your rights in the workplace before signing. Here is a summary of what you need to know about Virginia non-compete contracts – before you sign.

Tip #1 – You have a right not to sign. There is no Virginia law that requires you to sign . . .

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Sales Manager Non-Compete Struck Down by Chesapeake Court

In 2004, 1800SKILLED hired Seth Nogiec to work as a manager in the marine division of its Virginia Beach office. Essentially, Nogiec sold staffing services to businesses in the Hampton Roads area.

When Nogiec was hired, he signed a contract, the “Employee Restrict Covenant,” which stated:
Employee…agrees that for a period of two years after termination of his/her employment with TradeStaff…the employee . . .

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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 then the court will hold a . . .

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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.

However, there’s a good chance that you have a non-compete that limits your mobility. That’s why it’s important before you make the switch to a new employer to consider whether a court will enforce your non-compete. A non-compete lawyer . . .

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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. Spefically, Mr. Swider and Mr. Dietrich worked on the government’s Transportation Workers’ Identification Credential (“TWIC”) program.

In 2007, they left Senture and join a competitor, SAIC, Inc., shortly thereafter. Around the same time, SAIC obtained a subcontract with Lockheed Martin to do TWIC work similar to . . .

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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 Pracitioner. 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 The Practice, Set Fee Clinic  (“The Practice”) and solicited two physician co-workers at Patient . . .

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