PERSONAL v. LEGAL QUESTIONS WHEN ASKED TO SIGN A NON-COMPETE

Folks, very nice, smart, intelligent folks ask me all the time:

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“What should I do? Should I sign this non-compete?”

And my response is “Well, that is not really a legal question. It is a personal one. I have explained the risks, what it means legally, your rights and restrictions. Only you can decide whether you are willing to live with those terms.”

Ugh.

I know. People want more than insight and information. They want help. And really, I can’t give a great deal of help on personal issues. Just ask my husband. Maybe a life coach, counselor, spouse or minister is better suited for some of those questions.

What we can do, is the following:

  • review your Virginia non-compete / employment Agreement
  • review the Corporate Structure of your employer to see if they are still bound by the Agreement
  • analyze, evaluate your Agreement
  • share our opinion about the Agreement
  • Discuss whether it appears to be enforceable, reasonable under Virginia law
  • Discuss whether your new job would be an actual breach of the Agreement
  • Discuss whether your new job will be perceived as a breach of the Agreement
  • Discuss a strategy to avoid litigation
  • Discuss a strategy to buy out your Contract / Agreement
  • Talk Virginia Tech football or Jane Austen classics (I will let you guess which is my specialty and which is Dan’s specialty)
  • project the costs of business tort litigation

If you want to do any of the above, contact us. If you need someone to help you decide what to do based on the above information, that is what Mom’s, spouses and friends are for… Sadly, that is a personal question outside the realm of legal advice.

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.