We had someone request Dan’s book HOW TO BEAT YOUR VIRGINIA NON-COMPETE this week. He said over the phone that his friend told him Virginia Courts did not enforce Non-Competes and so he was not worried.

HOLD UP… That is one hilarious but false rumor.

I have killed many trees printing recent state and federal Virginia cases where non-compete provisions have been upheld. 1 year, 2 year, even longer. Some have 50 mile to 100 mile restrictions. Most of the time, the Court says to the Employee (ok, so they don’t say it overtly although I have heard one judge say it) – “You signed this thing, you can’t be all that surprised that it is binding.”

So – what does that mean for you?

It means that for once, it may be better to listen to a lawyer than your friend. It also means that you must plan and orchestrate your departure to avoid litigation. If you would like to fight your non-compete, or have it reviewed, we serve employees only (not companies) all over Virginia.

Forgive the aggressive tone of this post, but I cannot let these rumors continue to circulate. Virginia Courts will uphold a non-compete if it is deemed reasonable in scope and restriction. You need to know sooner rather than later, what your options are.

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