In a case that redefines employment law in Virginia, the State Supreme Court recently issued a definitive ruling on the scope and breadth of not to compete covenants. In Home Paramount Pest Control v. Shaffer, et al., the court agreed with Sickels, Frei & Mims partner Charles Sickels that the employer's non-compete restriction was overbroad and unenforceable because it effectively restricted former employees from performing any activity whatsoever for any competitor of the former employer's. Further, the Court said that the Covenant was not reasonably limited to protect only the employer's legitimate business interests. The Court noted that the law of non-compete agreements had evolved in Virginia since 1989 in Paramount vs. Rector when it had upheld an identical covenant. Sickels represented Paramount in that case. The Court examined the function component of the restrictive covenant to determine whether the covenant was reasonable and no more restrictive than necessary. The restriction in the employment function with a new employer must be related to the functions the employee performed with the former employer.
Apr 9, 15 11:25 AM Should Collectibility Matter? The Supreme Court of Virginia recently issued its opinion in the case Shevlin Smith v. McLaughlin, 769 S.E. 2d 7 (2015). The Shevlin Smith decision addressed an interesting issue: is the ability to collect a judgment relevant?
Mar 16, 15 03:18 PM What Happens When I Make a Personal Injury Claim? When I meet with potential clients for the first time, I am frequently asked about the process of making a personal injury claim. This is not surprising. You hire a personal injury attorney to handle the process for you because you do not know how it works. With that said, I think it is important for clients to have a basic understanding of what happens throughout the process, especially since clients often wonder about their involvement once they hire an attorney. In this post, I will give you just that - a summary of what happens when you make a personal injury claim using our firm.
Mar 10, 15 12:31 PM What Are My Options - Courts for Personal Injury Cases in Virginia Most people do not realize that there are different types of courts in which you can file personal injury cases. Each of these courts has different rules and procedures, and each has advantages and disadvantages for personal injury cases. In this entry, I'll explain these differences and help you understand which court is best for your case.
Feb 4, 15 04:15 PM Sickels, Frei & Mims' Verdict List Among Top of 2014 CASE RESULTS DEPEND ON A VARIETY FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT...
Jan 28, 15 01:23 PM "I am not the kind of person who sues someone." I have been a trial lawyer for 35 years, and over the past 5 years...
Jul 16, 14 03:24 PM Basics of Insurance - Part II In this post, I will outline some important auto insurance laws in Virginia and what you can do to protect yourself in case you are injured.