Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton [...]
An employer subject to the Americans with Disabilities Act (ADA) may make post-hiring inquiries into the ability of an employee to perform job related functions. Otherwise, the employer cannot require medical examination or make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or [...]
Issue # 1: – What constitutes an unlawful hostile work environment under Title VII? Title VII is violated only when the discriminatory conduct is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment. Simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to [...]
Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?
Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia? Unemployment Benefits are provided by the legislature under specified conditions. The statutory provisions are found in Title 60.2 of the Code of Virginia. Beginning at § 60.2-100. The court in Francis v. Va. Empl. Comm’n, 59 Va. App. [...]