LEGAL AWAYS AROUND YOUR VIRGINIA NON-COMPETE
Someone googled that this week and ended up on my blog.
It is a good query: LEGAL WAYS AROUND YOUR NON-COMPETE
So dear Googler, here are the legal ways in Virginia to get around your non-compete:
1. Don’t sign one.
Most likely that has already happened so I am wasting my time with number 1.
2. Get a Release.
That is where you ask your employer for a new contract that says you are released from your old one. Sometimes, this works. Sometimes, it does not work. Often times you need a little cash to grease the wheels but a few dollars up front to avoid litigation, nasty gram letters and attorneys fees for months is a pretty good investment in my humble opinion.
3. Don’t breach it and you don’t need to get around it.
I know. I know. You have been working in the industry for 27 years and not breaching it is not a valid option. You have a right to work after all – right? (No, not really – read my blog on Right to Work)
4. Go to Court and ask the Judge to tell you it is not binding.
Sounds simple. It isn’t. You file a Declaratory Judgment Action your employer or ex-employer will come at you like a spider monkey with expensive lawyers in a counter lawsuit. This is rarely simple and rarely the best way to clarify the issues.
5. Go the distance in court – let them sue you!
I am not a gambler. Litigation is a gamble. You could win. You could lose. You could be enjoined from working (prevented) and you will certainly have to pay attorneys fees.
So Google, you asked, and I answered. These are the best legal ways around your non-compete and none of them are especially fun.