In Maryland, non-compete agreements are enforceable if the agreements are reasonable. However, if the scope and/or duration are unreasonable or the non-compete agreement causes an undue hardship on the employee, the agreement may be unenforceable.
The U.S. District Court for the District of Maryland’s recent decision in Allied Fire Protection, Inc. v. Huy Thai offers an example of an unenforceable non-compete agreement.
There, the employer filed suit to enforce a non-compete agreement that prevented the employee from “engag[ing] in any way business of a similar nature” to the employer’s business, either directly or indirectly, for five years. In response, the employee filed a motion to dismiss the employer’s lawsuit, which the court granted.
The court granted the employee’s motion to dismiss and held that the non-compete agreement was not enforceable.Read More
A recent Bloomberg BNA Daily Labor Report article, citing Lebau & Neuworth attorney Steven Lebau, states, “Whether they work on the management side or the worker side of labor and employment law, the attorneys contacted by Bloomberg BNA touted the advantages of boutiques (small law firms such as Lebau & Neuworth) for both lawyers and clients. They said the lawyers collaborate more and are able to offer high-quality and expert services at lower prices.”Read More
Sweeping new regulations issued from the Maryland Department of Health and Mental Hygiene, have several key preliminary definitional terms that require a hospital or practice group to report an employee to the Maryland Board of Physicians in certain situations from which he or she may face discipline and never be able to get another job.Read More
The U.S. Equal Employment Opportunity Commission (EEOC) recently posted a new "Workplace Rights" document for employees and job applicants with mental-health conditions.Read More
In December 2016, the U.S. Equal Employment Opportunity Commission (EEOC) won a major victory for employees in EEOC v. Costco Wholesale Corp., especially those working in the service industry. Importantly, the case underscores the fact that all employees are entitled to a safe, secure and fair workplace free of sexual harassment, including harassment by customers that an employer is aware of and fails to remedy.Read More
The Equal Employment Opportunity Commission (EEOC) recently released its 2016 Fiscal Year (FY) Performance Report. The report outlines the EEOC’s accomplishments in FY 2016, which ran from October 1, 2015, to September 30, 2016.Read More
Lebau & Neuworth attorneys frequently represent current and former employees at all levels -- from top executive to factory-floor workers -- in whistleblowing claims under the False Claims Act. We have at least two cases now under Department of Justice Review, and in 2015 we settled a client’s False Claims Act case against the former employer for nearly $15 million.Read More
Employers do not realize that, even if an employee’s leave is no longer covered by the Family and Medical Leave Act of 1993 (FMLA) or was not covered in the first place, other protections may apply. This includes protections created by the Americans with Disabilities Act (A.D.A.), as amended. The law is intended to protect persons with disabilities.Read More
Lebau & Neuworth attorney Stephen Lebau has been awarded the highest possible Martindale-Hubbell rating by his peers and the Judiciary – the Martindale-Hubbell 2016 AV Preeminent Award – Judicial Edition. Stephen’s AV Preeminent Award is the premier ranking for both Legal Ability and Ethical Standards, reflecting the opinions of members of the Bar and Judiciary.Read More
For 10 years now, Lebau & Neuworth attorneys Stephen Lebau and Richard Neuworth have been rated by Super Lawyers as "Top Lawyers" in their respective fields of legal practice.Read More
Attorneys at Lebau & Neuworth filed a lawsuit against Verizon on behalf of a victim of employment discrimination by the company. In this case, our client worked for Verizon for nearly two decades as a cable splicing technician and was discriminated against because of his religion and retaliated against because he reported the discrimination.Read More