We get calls frequently from folks who have received a letter, lawsuit or verbal threat from their former employer. The threat looks like this:
“You are in breach of your agreement. We will ask the Court to enjoin you from working at your current job.”
To enjoin someone means to PREVENT them from working.
Under Virginia law, you can request (and sometimes can get) an injunction (Court Order) against an employee from working.
The court will look at the following:
1. Harm to Employer
2. Harm to Ex-employee
3. Likelihood Employer will succeed on merits of lawsuit if they sue you
4. Public Policy
Now, those are pretty vague factors. What will the court look at?
– how long were you an employee?
– what are you accused of doing?
– Breaching your contract? Taking trade secrets? Stealing customer lists? Bad-mouthing the company?
– What is the damage?
– Can you calculate it in money? If not, if you are stopped from working, will the harm end?
– Did you agree to the contract?
– What if there isn’t a valid contract?
– Is what you are doing prohibited?
Bottom line…. Courts do grant injunctions in some circumstances. They can prevent you from working if your ex-employer takes you to court, files a lawsuit, etc.
Let us know if we can help — and actually, don’t wait until you get sued to consider these issues. Litigation is so much more expensive than behind the scenes advice.