Scenario: Virginia employee has non-compete, and doesn’t like his new boss. They don’t get along well, creating a hostile work environment.
No big deal – employee will find a new job.
Employee signed some agreement last year.
Employee decides to leave and hopes for the best, working for Company’s Competitor across town. At least his new boss isn’t a jerk.
In the words of our VP nominee, “You betcha.”
Ex-Employer can sue you for breaching the contract. New employer can fire you for failing to disclose the non-compete agreement. If customers follow you, Ex-employer will allege breach of fiduciary duty, defamation, tortuous interference with contract. Employer will allege you owe him $500,000 in damages.
PROBLEM 2 – you don’t have the money to pay for an attorney to defend yourself.
SOLUTION – quit new job and hope suit goes away… now unemployed.
How could you have avoided this entire situation?
1. By not signing a non-compete (sure – now you tell us)
2. Getting a release from the agreement before you left…
3. Not breaching the agreement.
Call us if you need help with any of the above.
Lauren Ellerman, Frith Law Firm