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.