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.
WAIT.
Employee signed some agreement last year.
OH WELL.
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.
PROBLEM?
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
540-985-0098
lellerman@frithlawfirm.com