Before You Quit: How to Handle Your Non-Compete

If you signed a non-compete with your employer, here are some things to consider before you separate from employment: There are lots of other things to consider if you have a non-compete before you take a new job. Should you give notice? Should you let your co-workers know in advance? What about telling your new employer about your non-compete? All these questions depend on your specific

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Veterinarian Non-Compete Held Unenforceable in Virginia

In Farm Veterinary Servs. v. Novak, 61 Va. Cir. 584 (2001), a group of veterinarians had non-compete contracts with their employer. The veterinarians resigned and began competing with their former employer. The employer sued for breach of contract. The judge held that the non-compete was overbroad, unreasonable, and unenforceable as a matter of law, and dismissed the lawsuit. The veterinarians’ non-compete contract imposed a $30,000 penalty if the veterinarians

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Does Virginia allow non-compete restrictions close to any of the company’s offices?

Imagine working for a large, national company. You are based in Richmond. The company has offices in Chicago, Dallas, and Los Angeles. You resign to join a competitor in Orange County, California. Not a problem, right? After all, you are moving nearly 2,000 miles away for your new job. What if your non-compete says, “Employee will not perform competitive services within one hundred (100) miles of any of the

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Is a worldwide ban on soliciting former clients valid in Virginia?

Many non-solicitation contracts will state, “Employee will not, directly or indirectly, solicit competitive services from the customers of Employer for a period of two (2) years.” Read literally: the employee cannot solicit former clients anywhere throughout the world. Is a worldwide ban on solicitation enforceable? A worldwide ban is enforceable in certain, limited situations. Non-solicitation provisions must be “narrowly drawn to protect the employer’s legitimate business interest,”

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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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