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 […]
Month: April 2010
If you can make someone work on Superbowl Sunday, then you may be a supervisor.
Whitten v. Fred’s Inc., No. 09-1265, ___ F.3d ___ (4th Cir. April 1, 2010, amended by order April 26, 2010). [Note: Ordinarily, we do not cover decisions that originate outside of Virginia, but the Fourth Circuit’s decision in this case represents a departure from its prior holdings and will have an effect of cases that […]
You can’t prove your case with conjecture.
Jones v. Sternheimer Bros., Inc., et al., No. 09-2375 (4th Cir., April 22, 2010) (unpublished). The plaintiff, Jones, sued his employer and contended that his employer had denied him training because of his age, in violation of the Age Discrimination in Employment Act (“ADEA”). The ADEA provides a civil cause of action for employees who are discriminated […]
