CASE BY CASE BASIS
Friends…. those in retail / sales / medicine – I wish we could post a formula for how Virginia Courts decide whether your non-compete agreement is valid. But I can’t.
One Mile has been considered too broad in geographic scope, 100 miles has been held to be reasonable restriction. Seven years has been held to be reasonable time restriction, 2 years has been held to be too long.. ALL IN VIRGINIA COURTS.
They will look at your exact agreement, in light of your industry, and your employer’s actual business – and then decide.
We cannot ever state with confidence, that your agreement is or is not enforceable. Some employers are willing to test the Court – others are not.
We will however, review your contract, advise you in light of Va. Law, and go from there…