When is an employee going to get sued for alleged breach of a non-compete?

When the following factors exists:
1. Employee threatened to breach his/her non-compete
2. Employee told clients about new business
3. Employee said bad things about old company
4. Boss of old company is a huge ego
5. Boss of old company wants to make a point
6. Boss of old company has to feel like he/she is in control
7. Employee is now working in the same industry

Please notice I did not say that an employee is going to get sued because of the law of Virginia. Most of these cases have very little to do with the law – and more to do with the feelings of the parties involved.

That is my experience at least.

And when feelings are involved, sometimes rational thought is not.

So now that you know the truth, the secrets on how not to get sued, please taylor your behavior accordingly employees:
– don’t take stuff
– don’t say nasty things
– be nice
– leave on good terms
– don’t be a jerk etc..


– Realize that the other side will sue just to be in control. If this is the case, start saving your money for legal defense to their often frivolous claims.

Call me if you have any questions.

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