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Tag Archives: Employment

Enforceable non-solicitation clause can be severed (access required)

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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Jurisdiction grounded on ‘federal enclave’ (access required)

Where an alleged wrongful termination, common-law conspiracy and statutory conspiracy occurred at the Redford Arsenal, land ceded to the United States, there was subject matter jurisdiction because the land was a “federal enclave.” The same claims, however, failed as a ...

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Noncompete went too far to limit employees (access required)

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Saying businesses have no right to put an “impermeable barrier” around employees and contractors, a Fairfax circuit judge has rejected an action to enforce broadly written noncompete and nonsolicitation clauses. The ruling could open opportunities for medical professionals and others ...

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Action over worker classification stays in Virginia (access required)

Where the plaintiff filed suit in the Western District alleging he and a nationwide class of workers were misclassified as independent contractors, his motion to change venue to Texas was rejected because defendants and documents are located here, and Texas ...

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Workers get damages after company closes without notice (access required)

Where the company closed without providing notice to its 150 employees  required under the WARN Act, the employees were awarded damages including back pay, vacation pay and benefits. Background Plaintiffs sued FCI Enterprises LLC, in addition to FCI’s corporate officers ...

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Employees given second chance on wrongful termination (access required)

Where employees suing their former employers for wrongful termination related to alleged criminal activity failed to plead facts sufficient to fit within Virginia’s narrow exception to at-will employment, they may try again based upon their representations they had additional facts ...

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