If you sign a non-compete agreement, there is likely a provision toward the end of the contract that says
CHOICE OF LAW PROVISION. The drafters of the contract most likely inserted language that a certain state law would apply to the agreement.

Perhaps your contract has the law of the state where you work.
Perhaps your contract has the law of the state where the company is located.
Perhaps your contract has the law of the state where the lawyer who drafted the agreement is located.

While you may have no real connection to that state or its’ laws, please know, if you sign an agreement that says you will be bound by that state’s laws, you may be legally bound.

And if you are legally bound to Illinois law, Kansas law, Georgia, Delaware or NY law – and work in Virginia, a Virginia attorney cannot help you understand the terms of your non-compete agreement and or discuss whether it is enforceable.

If each state law is different, an attorney licensed in one state, may not likely know the law of another state.

So, if you want to get your non-compete reviewed, here is a good plan:

1. Get a copy.
2. Read it.
3. See what law applies.
4. Call an experienced attorney in that state who handles non-compete cases for employees.

And please give them the courtesy of some time. 3 hours before you have to sign an agreement or tender resignation may not be enough time.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.