LENGTH OF NON-COMPETE

Lets say I signed the following agreement with my boss and the company:

“I will not contact any customers of the Frith Company, for two years after my employment, and/or solicit their business.”

Then I quit – and for 1 year and 362 days, contact the old customers thus violating my agreement. Mr. Frith, on day 1 year 363 days, learns of this, and files an injunction against me in the Court. I don’t worry because the agreement is only binding for another 2 days, right?

WRONG

Virginia Courts will re-start the clock in a manner of speaking, and will start the two years over, from the entry of the injunction. So be careful. Just because you haven’t been caught yet, doesn’t mean anything. There isn’t a statute of limitations on the term in the contract – as long as the lawsuit is filed in time, the Court can start the time clock again.

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.