Employment Agreements

Jimmy John’s Settles Case Involving Overzealous Non-competes

the situation In June, the Attorney General for the state of Illinois filed a lawsuit against Jimmy John’s, alleging that its non-compete agreement was illegal and unenforceable under Illinois law.  The non-compete applied to all employees, including sandwich makers and delivery drivers, and prohibited them from working in any other business that earns more than […]

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Non-compete Agreement Void Based on Misclassification as Independent Contractor

the situation You bring someone on as an independent contractor—and as part of the agreement, he agrees to a non-competition provision. If it is determined that you really should have classified the worker as an employee, could that jeopardize the enforceability of the non-compete?

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Your Customer List May not be as Protected as You Think

the situation A sales rep quits and goes to work for a competitor. Naturally, you had him sign both a noncompete and a confidentiality agreement when he first came to work for you. So can’t you stop him from using any customer and pricing information? the ruling You might be able to—but maybe not immediately, […]

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Former Bank Executive Prevails in Suit Regarding Severance Payment

Last month, Judge Poston of Norfolk Circuit Court ruled that the former President of Shore Bank and Executive Vice President of Operations for Hampton Roads Bankshares, was entitled to $655,495.43 in severance pay, plus interest, despite the defendants’ arguments that they were prohibited from making this type of golden parachute payment as a recipient of […]

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And Another Non-Compete Bites the Dust

Employers and lawyers alike know how tough it can be to draft a non-compete certain to be enforceable in Virginia.  On March 6, 2013, in an Opinion Letter, Judge White of Fairfax Circuit Court denied a motion for preliminary injunction seeking to enforce a non-compete on the grounds that success on the merits was unlikely […]

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