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Non-Competes Stink but Can Be Enforced In Maryland

Non-Competes Stink but Can Be Enforced In Maryland

In Maryland, non-competes and non-solicitation provisions can be enforced. However, a Maryland court will not enforce every non-compete and/or non-solicitation agreement. To be enforced: (1) adequate consideration must be present; (2) the restraints are limited in geographic scope and duration to what is reasonably necessary to protect the employer’s business; (3) they do not impose undue hardship on the employees; and (4) they are not against the public interest.

Lebau & Neuworth can provide countless examples in which a client was subject to a clearly overly broad and unduly burdensome restrictive covenant, but still a potential new employer would not hire him or her because the employer did not want to be dragged into litigation. On some occasions, we have been able to negotiate on behalf of our clients with their employers to narrow the scope of the non-compete or non-solicitation provision, allowing our clients to accept new employment, while, providing assurances to the former employer that certain clients or customers will not be contacted and/or solicited. We also have been able to successfully negotiate for severance pay during the term -- or at least part of the term -- of the non-compete and/or non-solicitation agreement.

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Discipline After Complaints Of Discrimination Can Establish Retaliation Claims

Recently in Williams v. Ricoh Ams., the Federal District Court in Virginia made an important ruling in favor of employees who exercise their rights under anti-discrimination statutes. In the case, Mr. Williams, a 58 year-old African American male, was successfully employed by the defendant employer, Ricoh Americas Corporation, for 13 years.

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Lebau & Neuworth Honored as a 'Best Law Firm' by US News

Posted on November 15, 2016 in Counseling & Assessment, Employee Rights

U.S. News and World Report has named Lebau & Neuworth as one if its 2017 Best Law Firms. Specifically, Lebau & Neuworth was ranked in the prestigious "Tier 1" in the Baltimore Metropolitain area for its Employment Law for Individuals and its Labor & Employment Litigation services.

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Client With Disability Receives Justice Through The EEOC

Patricia Bonds, a client of Lebau & Neuworth, worked as a food clerk at Safeway's Westminster, Maryland, store when she sustained a work-related injury that substantially limited her ability to lift. Although Safeway initially accommodated Bonds' disability by reassigning her to work at the customer service desk, the store abruptly placed her on indefinite unpaid leave, claiming that she had exhausted her time limits for modified duty.

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Maryland Court Says Employees Can Sue Owners for Owed Wages

Posted on November 1, 2016 in Employee Rights, Wages, Overtime & Commissions

Recently in Rollins v. Rollins Trucking, LLC, 2016 U.S. Dist. LEXIS 1492 (D. Md. Jan. 7, 2016), the Maryland federal court said that bosses and owners possibly could be personally liable for wages owed to employees.

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The Future of the Battle Against Discrimination Through the Eyes of the EEOC

Posted on October 31, 2016 in Discrimination & Harassment, Employee Rights

The Equal Employment Opportunity Commission (EEOC) recently approved a Strategic Enforcement Plan (SEP), which sets the EEOC’s priorities for the next five years. This gives insight into what actions the EEOC will consider over the next few years to help combat continued discrimination in the workplace.

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Restrictive Covenants Decision a Positive Development for Employees in Maryland

Posted on October 24, 2016 in Employee Rights, Non-compete Agreements

The Federal court in Maryland has provided a very encouraging roadmap for the law of noncompetes in the state. In fact, the court’s decision is great for an employee who may face an employer who attempts to prohibit him or her from working for another employer who may be a competitor — but the employee is not competing against the former employer.

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Workplace Retaliation: A Review of How to Prove a Claim Against an Employer

The Equal Employment Opportunity Commissions (EEOC) has just issued Enforcement Guidance on workplace retaliation under federal employment discrimination laws. This Guidance provides an excellent review of what is necessary to prove a retaliation claim.

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Mythbusting: Independent Contractor vs. Employee Status

Employers continue to misclassify workers as independent contractors in order to avoid paying overtime and provide employee benefits. Lebau & Neuworth recently sued the same employer on three separate occasions over a five-year period because it continued to misclassify its employees.

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Retaliation Under The False Claims Act: What An Employee Must Prove

Posted on August 29, 2016 in Employee Rights, Workplace Retaliation

The U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, recently issued a decision that nicely sets forth what an employee must prove to establish she/he was retaliated against in violation of the False Claims Act.

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Hunting & Employment Law -- & Justice Scalia

Posted on August 29, 2016 in Employee Rights

A scholarly article explores some seriously troubling ethical issues regarding the late Supreme Court Justice Antonin Scalia.

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