Here is a common scenario if you wait too long to review your non-compete contract.
A client has left their job and wants to start a new business or join a competitor. After a careful review of the non-compete contract, we offer the following no-nonsense advice:
“Your contract seems valid under Virginia law – it’s limited and not too broad. If you take the job with XYZ Company, please be aware that you will be in breach and will likely get sued.”
Even if the contract is invalid, we provide the same advice:
“Your contract may or may not be valid, but you are going to get sued if you take that job or start that new business.”
In each of these cases, a former boss will threaten a lawsuit, even if the contract is invalid. Not fair, right?