Many of our clients ask us to represent their interests in defending a breach of contract/noncompete agreement filed by their former employer. Our first step is to learn everything we can about the client’s former employer and our client’s job responsibilities with his former and current employer. We also talk about getting offensive!
Former employees should vigorously defend themselves against unfair and unenforceable noncompete and nonsolicitation agreements but they may also pursue their own claim against their former employer. How does this situation arise? Lets say the former employer sends a letter to the ex-employee’s current employer and warns them about the noncompete agreement and threatens to sue the ex-employee and the her/his new employer for breaching the noncompete. The typical result is the former employee gets terminated by the new employer.
What remedy is available to the employee? How about a suit for:
1. Intentional Interference With Prospective Contract; or
2. Intentional Interference With Prospective Business or Economic Advantage.
Both of these claims are recognized under Virginia law. Consult with your attorney to determine whether either of these remedies are available to you.