Summary of the law of non-competition in Virginia

Posted Posted in Contract Law, Employment Law, General, Non-Competition

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 […]

In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?

Posted Posted in Civil Rights, General, Personal Injury Law

In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the direct restraint by one person of the physical liberty of another without adequate legal justification.” W.T. Grant Co. v. Owens, 149 Va. 906, 921, 141 S.E. 860, 865 (1928). We have also observed that “false […]

Summary of Virginia’s Freedom of Information Act (“FOIA”)

Posted Posted in Civil Rights, General

Summary of Virginia’s Freedom of Information Act (“FOIA”)            The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) is a powerful tool for both citizens of the Commonwealth and for their attorneys, especially in lawsuits involving the state.  (The Federal Government and other states have their own versions of FOIA).  This Act is […]

Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?

Posted Posted in Employment Law, General

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. […]

Public School and Physicals

Posted Posted in Civil Rights, General

Public School and Physicals Facts     Question: Can Public Schools Require Physical Examinations (More than Drug Testing) as a Condition of Participation In School Athletics? Answer: Probably Not. (But as a practical matter – is this the parents’ fight at the expense of the child.  Only a parent can make that determination.) The Constitution   The Fourteenth Amendment […]