WHO HAS NON-COMPETE AGREEMENTS?
In the last year, Lauren and I have reviewed, advised and evaluated Non-Compete Agreements for the following professionals:
Virginians who sign these agreements often assume they are not binding. People assume that if they are fired, they are no longer bound to the agreements. People can be wrong.
In 1-3 hours we can review, evaluate and advise anyone in Virginia about their employment agreements, their rights and restrictions.
Many of our clients are in Northern Virginia, Richmond and beyond. Is your corporate client hoping to hire someone with a non-compete? Do you have one and are looking for advice?
We would be honored to help.
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PRIVACY RIGHTS when working from home |
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With today's technology, thousands if not millions of Americans are working from home. That means personal computers, phones, hard drives, etc., are being used by employees for business purposes, and those same business devices are being used for personal reasons.
When employees leave jobs, these devices are often searched for information. I have even heard stories of employees returning a device to the IT department to be fixed, only to learn their private information and email was read.
What information? Personal information, email accounts, bank accounts, you name it.
We have even seen situations where employees working from home were required to submit their personal computers to "neutral" third party forensic experts to be searched during employment litigation because allegations of breach of fiduciary duty, conversion, etc. were before the court.
Do employees have any privacy rights? Very few in Virginia and if you use a work device for personal reasons, you should assume the information you transmit or receive, is not secret or private.
Employees need to know how to protect themselves personally and attorneys need to know how to help when these situations unfold.
1. Keep personal / business separate.
This means cell phones, computers, etc. If you can say to the judge "I never once used my home laptop for work" it is not likely the other side will gain access to that device.
With very little case law on what is discoverable, we need to be careful in the advice we give regarding employment litigation and privacy.
2. Assume anything you access on your work computer, can be and will be reviewed by the company.
This includes emails from your wife, emails to other employees about how you hate your job, etc. If you don't want your boss to read it, don't say it, type it, text it or email it from a business device. (This includes your personal email accounts accessed online).
3. Assume that if you leave a business, they will examine all of your past activities, looking for transgressions.
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BROKER
RECRUITER PROTOCOL
Some industries are taking the law into their own hands. No surprise that financial wealth advisors, specifically stock brokers, have decided to define their own terms when it comes to non-compete agreements.
Hundreds of brokerage houses have signed on to the "broker recruiter protocol."
If a financial advisor leaves one signatory firm for another, he or she will be entitled (under this gentlemen's agreement) to take certain client information with them in the transition.
The assumption is that clients want some say in who manages their money.
Courts have even cited the protocol when determining the validity of non-compete agreements with non-protocol firms.
We have advised many brokers during this transition period, assisting them in taking clients without penalty.
It is important to know the nuisances of the industry before advising financial advisors of their rights.
Lauren |
Call for your Free copy of
HOW TO BEAT YOUR VIRGINIA NON-COMPETE
540-985-0098
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