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Damages for Breach of a Non-Compete in Virginia

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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What Happens to a Non-Compete After a Merger?

Many employees wonder, “If I sign a non-compete contract with a company, and later, the company is purchased by a different company, is my non-compete null and void?”

Maybe. It depends on the terms of the employment contract if a non-compete survives the merger.

The answer can be found in the contract itself. Look for an assignment clause. Is there any language explicitly assigning . . .

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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.” Non-compete clauses restricting the employment of doctors, engineers, sales managers, and other executive-level . . .

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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.” Most employers will provide no incentive to sign the non-compete, except, . . .

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