Dave Albo

Surprisingly no, as shown by a recent federal court decision in Virginia rejecting such a claim by an Employee Assistance Program (EAP) counselor who helped an employee stop alleged harassment.  See DeMasters v. Carilion Clinic, Civil Action No. 7:12-cv-580…

If arrested for DUI, in most instances, one must do a breath test.  In Virginia there are usually two breath tests:  the preliminary breath test that is usually administered roadside prior to one being arrested, and the evidential breath…

Many times, defamation lawsuits are filed based on suspicion that a former employer has disparaged the plaintiff because companies to which she has applied have not hired her.  While this may seem like a proper basis for legal action,…

Family Dollar Stores, Inc. is facing heat from some 51 female managers that claim that the Dollar Store’s corporate headquarters created a system of compensation that caused female store managers to be paid less than males.  The plaintiffs allege…

Over the past few years, the Virginia Supreme Court has evaluated the language contained in restrictive covenants, and clarified the types of non-compete clauses which create permissible restraints on trade under Virginia law.  Over the past few months, the…

In the District of Columbia, an at-will employee generally cannot sue a third party (other than an employer) for causing his or her firing.  This holds true even for a third party strongly adverse to the employee like a…

The Virginia Supreme Court recently answered a question long asked by employment lawyers:  can a court decide a non-competition lawsuit just by reviewing the non-competition agreement?  The Court answered “no,” which means that employers now have a better opportunity…

The Patient Protection and Affordable Care Act (PPACA) requires most employers to provide notice to current employees and new hires about the forthcoming health insurance exchanges (termed “Marketplaces” by the Department of Labor), and subsidies that may be available…

The Patient Protection and Affordable Care Act (PPACA) originally set January 1, 2014 as the effective date for employers to fulfill certain reporting provisions on health insurance coverage offered to employees. The IRS pushed back the date to January…

Yes, as shown by a recent Virginia federal decision.  In that case, a company allegedly agreed to buy business information and materials from an ex-employee of a competitor.  The ex-employee was subject to a non-compete, and offered to sell…