CHOICE OF LAW PROVISIONS and FORUM SELECTION CLAUSES IN VIRGINIA EMPLOYMENT CONTRACTS
I came across this well written and relevant blog post today from a Virginia law firm, the Berlick Law Firm.
The article is on forum selection clauses.
If your employment contract says Virginia law applies, or more specifically, that you agree to litigate all matters in a certain county, court, etc., there are recent Virginia cases that may or may not hold that language to be binding.
I recommend you read this post.
If you want to ask the Court to review your non-compete in a declaratory judgment motion, but not in the jurisdiction named in your contract, you may or may not have some options.
If you are sued in a jurisdiction not agreed to in your contract, and you would like it removed – here is some guidance on how to do it.
Now, I always preach against non-compete litigation because it is so expensive… BUT, sometimes the court is needed to decide a dispute, and the issue is often, which court.