Damages for Breach of a Non-Compete in Virginia

When an employee breaches a valid non-compete contract, the employer is entitled to damages and other relief. Employers have several options: preliminary injunction, permanent injunction, lost profits, liquidated damages, and attorneys’ fees. Here is a summary of the damages that an employer is allowed to recover under Virginia law in non-compete cases. Preliminary Injunction What is a preliminary injunction? A preliminary injunction is a

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What Happens to a Non-Compete After a Merger?

Many employees wonder whether non-compete agreements are enforceable if their employer merges with or is acquired by a different company.  It depends on whether the terms of the contract contemplate surviving a change in control of the employer’s business. The answer can be found in an assignment clause contained within the contract. The language in an assignment clause often addresses whether rights and

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Are non-compete contracts allowed in Virginia?

Perhaps you moved to Virginia to accept a job. Or, you grew up in Virginia, but you have recently been offered a position with a company that requires a “non-compete” contract as a condition of employment. Now, you are wondering, “Are non-compete contracts allowed in Virginia?” The answer is “yes, in certain instances.” Non-compete clauses restricting the employment of doctors, engineers, sales managers, and

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Do I have to sign a non-compete to keep my job?

In order for a contract to be enforceable under Virginia law, it must be secured by consideration, a legal term for something of value offered in exchange for the employee’s promise not to compete. So is “keeping your job” sufficient consideration under Virginia law to make a non-compete contract enforceable? The answer is “Yes, depending on the circumstances.” Most employers will provide no incentive to sign

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