If you signed a non-compete, here are some things to consider before you leave:
Get a copy of your non-compete contract. Make sure you have a copy of your contract. Hopefully, you kept a copy when you signed it. But if you lost your copy, or never got one, you have to be careful. You could ask your boss, but it will . . .
Have you been asked to sign a non-compete contract at work?
If you are a Virginia employee, then you should be aware of your rights in the workplace before signing. Here is a summary of what you need to know about Virginia non-compete contracts – before you sign.
Tip #1 – You have a right not to sign. There is no Virginia law that requires you to sign . . .
In Farm Veterinary Servs. v. Novak, 61 Va. Cir. 584 (2001), a group of veterinarians had a non-compete contract with their employer.
The veterinarians resigned and began competing with their former employer. The employer sued or breach of contract.The judge held that the non-compete was overbroad, unreasonable and unenforceable as a matter of law, and dismissed the lawsuit.
Here is a brief summary of the case . . .
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.
Not a problem, right? After all, you are moving nearly 2,000 miles away for your new job.
It might be a problem if, like many employees, your non-compete says, “Employee will not perform competitive services . . .
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?
. . .
When an employee breaches an 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.
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