Requesting a Copy of Your Non-Compete Agreement

“narrowly tailored to protect a legitimate business interest”

Question we are often asked: Is your non-compete reasonable and enforceable under Virginia law? Answer we most often give: Yes, if it is narrowly tailored to protect the legitimate business interest of the company… What does that really mean? This week, a Fairfax Virginia Judge http://valawyersweekly.com/2014/03/17/over-broad-geographic-limits-sink-noncompete/ held that it was not likely reasonable for a business

Lauren Ellerman
Lauren
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Are Non-Compete Contracts Binding in Virginia? Yes (Maybe)!

Seriously, I hear this all the time when clients call for non-compete advice: “I signed the non-compete because they aren’t really binding or enforceable, right?” [No, they are actually very much binding in Virginia and enforceable unless a judge says otherwise.] “Yeah, but there is a technicality. You see, it says my start date was October 4,

Lauren Ellerman
Lauren
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Book: “How to Beat Your Virginia Non-Compete”

You’re here because you have a Virginia non-compete agreement.  So why not check out our book, How to Beat Your Virginia Non-Compete? We answer common questions about Virginia non-compete law, including recommendations for employees and business owners.  Could we have called the book, “Non-Compete for Dummies”? No way. You’re no dummy (lots of people have signed non-competes

Lauren Ellerman
Lauren
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Have a Non-Compete, But Want to Accept Another Job?

I love “to do” lists. They make seemingly difficult and impossible tasks more manageable.  Here is my “to do” list for Virginia employees who (a) have an employment contract or non-compete and (b) want to explore or accept a job with another company in their industry. BEFORE YOU APPLY FOR that other job (sorry I had to

Lauren Ellerman
Lauren
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The Duty of Loyalty You Owe Your Employer

This week, I sent an email that read something like this: If you do you what propose to do, i.e., start a company on the side and bid for the same contract your current employer is bidding on, while still an employee of the company, you will be in big fat trouble. The kind of

Lauren Ellerman
Lauren
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Can My Employer Make Me Sign a Non-Compete Contract in Virginia?

I was watching a movie yesterday, so enthralling I cannot recall the name, but the last scene reflects a supervisor confronting an employee about lying. When the employee denies the false tale, he is told to leave immediately. He cannot take computer files. He cannot take anything from the office. He must turn in his key,

Lauren Ellerman
Lauren
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Non-Compete Litigation: A Divorce, But Worse

Imagine a divorce. The bad kind where people would rather fight than be reasonable. The kind where the only people who win are the attorneys because the financial cost of litigation, coupled with the emotional drain of battle wear the parties out. Now, multiply in some additional hurt feelings, a few company owners that say

Lauren Ellerman
Lauren
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WHAT IF YOU CAN’T FIND YOUR NON-COMPETE?

If someone called me today and asked me a question about my mortgage, I could pull out the paperwork and review the terms. If someone called me today and asked me about my cell phone contract, I would be hard pressed to find any such document. I didn’t keep it. It didn’t seem to matter

Lauren Ellerman
Lauren
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