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Posts from December 2013.
December 28, 2013
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In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues. Each case has components to keep in mind when dealing with employment matters in Virginia.

Demurrer Not Proper Challenge Non-Compete

Assurance Data, Inc. v. Malyevac, 286 Va. 137 (2013)

This appeal arises from a Fairfax Circuit Court case where the judge granted a demurrer to the employee on the issue of the enforceability of a non-compete in the employment contract. The Virginia Supreme Court reversed the judgment, finding that the purpose of a demurrer was to determine whether a cause of action states a claim upon which relief can be granted, not to decide the merits of the case (i.e. whether the non-complete was enforceable). The court emphasized that the enforceability of a non-compete must be decided on the merits of the case on a case-by-case basis. Thus, going forward, the proper method for challenging a non-compete is a plea in bar or summary judgment motion that would allow the court to “evaluate and decide the merits of a case.”