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4th Circuit Analyzes Franchise Non-Compete Agreement

Published on January 31, 2014

In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not to renew the franchise agreement. (more…) ...

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SOX Claimants May Be Entitled To Front Pay

Published on January 13, 2014

In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award.  This issue was a matter of first impression for the district court, and it is unclear whether the Fourth Circuit will agree with the district court’s interpretation. (more…) ...

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Court Slashes Fee Award Where Plaintiff Achieved Minor Victory

Published on January 8, 2014

Attorneys' fee awards are often a significant factor in employment litigation.  If an employee-plaintiff prevails after trial, she is entitled to recover her attorneys' fees and court costs as part of the judgment against the employer.  The U.S. Court of Appeals for the Fourth Circuit issued a decision in December in a Section 1983 case that has potential implications for employment cases where the plaintiff does not substantially prevail at trial. (more…) ...

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Texas Court Upholds Retaliation Verdict Three Years After Protected Activity

Published on December 6, 2013

The Texas Fourth Court of Appeals affirmed a jury verdict finding that an employee who was terminated due to a job elimination was unlawfully retaliated against in SAWS v. Nicolas, 04-2012-0442, (Oct. 23, 2013).  The interesting fact is that the protected activity relied upon by the Plaintiff occurred three years prior to her termination and was part of an investigation she conducted as a human resources employee.  More after the break. (more…) ...

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