About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Tag Archives: Virginia
Horseplay Doctrine Alive And Well In Virginia
In Simms v. Ruby Tuesday, Inc., Record No. 0091762 (January 13, 2011) the Supreme Court of Virginia considered the issue of whether the actual risk test analysis articulated in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008) materially … Continue reading
Virginia Circuit Court Strikes Down Noncompete As “Inherently Overbroad”
A Virginia Beach Circuit Court struck down a noncompete agreement entered into between a medical company and a nurse practitioner who left the company to start her own clinic. The company filed suit to enforce the noncompetition and nonsolicitation clause … Continue reading
Virginia Supreme Court Grants Writ In Noncompete Case
The Virginia Supreme Court has granted a writ of appeal in a noncompete case involving a pest control company. The order granting the appeal with the questions presented is here.
Former Broker Enjoined From Using Fidelity’s Customer Lists
The U.S. District Court for the Eastern District of Virginia recently issued a temporary restraining order (TRO) preventing a former broker for Fidelity Global Brokerage Group, Inc. from using Fidelity’s proprietary customer information to solicit its customers for his new employer, … Continue reading
Comments About “21st Century Skills” May Be Construed As Evidence Of Age Bias
The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment in an age discrimination case based on comments by the decision maker about employees needing “21st Century Skills.” The case is set for … Continue reading
Eastern District Rules on Attorneys’ Fees in FLSA Case
In Hanzlik v. Birach, Jr., et al., the Eastern District of Virginia granted the plaintiff’s attorneys’ fees petition, finding the amount of attorneys’ fees requested to be reasonable. The opinion can be found here. More after the break.
Eastern District of Virginia — Still the “Rocket Docket”
The U.S. District Court for the Eastern District of Virginia can still lay claim to the title of the “Rocket Docket.” An updated report from the U.S. Courts shows the median time from filing to completion of trial in the … Continue reading
Waiver of Attorney Client Privilege
In a case worth reading for any “client,” the Virginia Supreme Court held in Walton v. Mid-Atlantic Spine Specialists, P.C. that the defendant doctor had waived the attorney-client privilege when he inadvertently produced a letter he had written to his attorney because he … Continue reading
Virginia Court of Appeals Finds Tattoo Artist To Be Independent Contractor
The Virginia Court of Appeals recently held in Creative Designs Tattooing Associates, Inc. v. Estate of Earle Lindsey Parrish, III that a tattoo artist was an independent contractor, and not an employee, in a suit claiming benefits under the Virginia Workers’ … Continue reading
Posted in Independent Contractors
Tagged Independent Contractors, Virginia, Workers Comp
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Another Circuit Court Refuses To Enforce A Virginia Noncompete Agreement
A Virginia Circuit Court recently struck down a noncompete agreement between an employer and a former employee as overbroad in scope. More after the break.
Western District Finds Insulting Words Claim Actionable
The U.S. District Court for the Western District of Virginia recently found that a plaintiff had stated a claim under Virginia’s “insulting words” statute based on an accusation by her former employer that she had engaged in criminal conduct. The … Continue reading
Fairfax Circuit Court Stays Employment Dispute Pending Arbitration
A Fairfax Circuit Court recently granted the employer defendants’ motion to stay an action pending arbitration in the face of an arbitration clause governed by California law. More after the break.
Company Awarded Damages in Noncompete Case in Fairfax County
A Fairfax Circuit Court held that a former shareholder and director of a car dealership was liable to the company for violating his non-compete agreement and starting a similar business, as well as for soliciting another company employee to work … Continue reading
$600,000 Verdict in False Imprisonment Case in Fairfax County
A Fairfax jury recently awarded a former Interstate Van Lines truck driver nearly $600,000 in a false imprisonment and malicious prosecution suit. More after the break.
Top Ten Developments in Employment Law for HR Professionals in Virginia — #7
The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 7: what constitutes “reasonable notice of termination” in Virginia? More after the break.
