FACTS AND FICTION REGARDING PRELIMINARY INJUNCTION IN NON-COMPETE CASES

I love pop a quiz, don’t you? Here is a fun one for Monday morning on facts and fiction regarding non-compete litigation in Virginia.

FACT OR FICTION:

1. Virginia Courts never grant preliminary injunctions because it is such an extreme remedy.

2. Virginia Courts will often grant preliminary injunction to stop rogue employees from taking business away from their old companies.

3. At a preliminary injunction hearing on a non-compete, the company will have to prove they cannot be made whole by money damages?

4. At a preliminary injunction hearing on a non-compete, the company will have to prove they will likely be successful on the merits of their underlying breach of contract claim?

ANSWER:

1. FICTION.
2. FICTION.
3. FACT.
4. FACT.

Injunctions are not often granted, but they will be granted in extreme cases. Many times, employers will file a case for breach of contract, ask for a preliminary injunction, and never file a supportive motion or ask the Court for a hearing on the injunction. Why? Because its a risk.

If you have been served with a lawsuit and they are asking for an injunction, you may need legal assistance to help formulate a defense.

And good job for those of you who got 3/4 or 4/4 on the quiz. What did you win? Nothing but the satisfaction of knowing a little bit of Virginia law.

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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.