This noncompete decision comes to us fresh off the presses, WorkFlow Solutions v. Mike Lewis, decided by the Norfolk Circuit Court on December 12, 2008.
In short, the court ruled that before an employee can be held to the requirements of a noncompete, the employee MUST HAVE signed and specific noncompete agreement. The fact the employee had signed a previous noncompete agreement, which had expired, and even though he had agreed to sign a similar agreement but had yet to do so, did not automatically allow the employer to sue the employee for breach of the noncompete.
Noncompetes are bad for business and bad for our economy. Read this Virginia court decision on noncompetes here.