201111.13
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This might be a good time to look at your non-compete agreement.

Home Paramount Pest Control Companies, Inc. v. Shaffer, __ Va. __ Record No. 101837, Virginia Supreme Court, November 4, 2011. Justin Shaffer was an employee of Home Paramount Pest Control. In January, 2009, Shaffer signed an employment agreement that contained the following non-compete language: The Employee will not engage directly or indirectly or concern himself/herself…

201106.15
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If you play hardball, you might get left in the dust.

Robert P. Bennett v. Sage Payment Solutions, Inc., 282 Va. 49; 710 S.E.2d 736, 2011 Va. LEXIS 135 (June 9, 2011). In this case, the Supreme Court of Virginia decided that an employer can use an employee’s repudiation of an employment agreement as a defense to a breach of contract claim. Robert Bennett became President…

201004.28
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Your non-compete should not be like an amoeba.

Specialty Marketing, Inc. v. Lawrence, Case No. CL09-928, Hanover County Circuit Court (March 11, 2010). Under Virginia law, reasonably drafted non-competition covenants in employment contracts are enforceable, but courts consider them to be disfavored restraints on trade. As a result, in every case involving a non-competition agreement, the employer bears the burden of proving that…

201002.25
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You really should get it in writing

C. Porter Vaughan, Inc. v. DiLorenzo, Record No. 090110, ___ Va. ___ (February 25, 2010). Although not exactly an employment case, this decision addresses a topic that frequently arises in the employment context: the Statute of Frauds. The Statute of Frauds, loosely speaking, governs whether a contract must be in writing and signed in order…

201002.12
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Be careful what you ask for

Capital One Services, LLC, et al. v. Foster, Civil Action No. 3:09–CV–569 (E.D. Va., February 11, 2010). On September 11, 2009, Capital One sued Foster, alleging that Foster had (1) breached an agreement by using confidential information without permission, (2) had aided and abetted current Capital One employees to violate their fiduciary duties to Capital…