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 […]
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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 […]
If your employee assaults a co-worker, he’d better not be multi-tasking.
Katrina R. Meade v. Johnston Memorial Hospital and Jimmy Parks, Civil Action No. 1:10-cv-00024 (W.D. Va. Sept. 02, 2010). The Plaintiff, Katrina Meade, filed this action against her former employer, Johnston Memorial Hospital (JMH), and her former supervisor, Jimmy Parks. Meade asserted employment discrimination claims under Title VII of the 1964 Civil Rights Act and […]
Just because you say you’re good, it doesn’t make it so.
Equal Employment Opportunity Commission v. Mount Vernon Holdings, LLC d/b/a Best Western Mount Vernon, Civil Action No. 01:09cv1099 (E.D. Va. July 20, 2010). The named plaintiff in this case, the United States Equal Employment Opportunity Commission (the EEOC), is the agency of the United States government that is entitled to bring suits to enforce Title VII, […]
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 […]
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 […]
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 […]