Non-Compete Legal advice: any attorneys or recommendations out there?

[Sig]

I am seeking some legal advice about a current situation I am in. Due to the private nature of it, I will email those privately with all the particulars if you can help.

Here's a quick summary:
1)Was Layed off after 6 months of employment from a software company.

2)Under a Non-compete for 9 months, but the scope is VERY broad. Basically I can't work anywhere in the world.

3)I live in Virginia, the company is headquartered in VA too.

I have not accepted another job yet, however I would like to know if my non-compete is enforceable.

 

[nsxtasy]

I'm not an attorney, but I'm pretty sure you're going to need one who's familiar with the laws in Virginia. Labor law is different from one state to another. Some states are more employer-friendly and others are more employee-friendly.

 

[justin hall]

nsxtasy is correct regarding state to state laws.

most noncompetes become enforceable when there is malicious intent, ie you proactively seeek out a competitor or they seek you out for your intellectual property and wants to put you to work on a competitive product repeating the work you did for the prior (competitor) company.

most states will not prevent you from going to work for a competitor just because they are a competitor, but you can (and should) be precluded from using trade secrets learned from the old company to benefit the new company.

if it were me I would consult an attorney familiar with virginia labor law, ask them to provide you with feedback on both the letter and the intent of the law and how it pertains to the agreement you signed. the fact you were laid off makes it more difficult to enforce. just make sure you are not divulging trade secrets to the new company, and use this experience to understand what you would be willing to sign in the form of a non compete for a new employer.

 

[DocL]

Originally posted by Sig:
...
2)Under a Non-compete for 9 months, but the scope is VERY broad. Basically I can't work anywhere in the world....
I have not accepted another job yet, however I would like to know if my non-compete is enforceable.

It all depends on your state's laws. You cannot be denied the opportunity to earn a living in the city or state of your choice. Furthermore, if the covenant not to compete is very large (ie...you cannot work in the state) you have a good chance of winning the battle.

Let your attorney handle this for you as they can read inbetween the lines.

Good luck.

 

[ncdogdoc]

Dr. Lane is on the mark. Non-competes do have to live up to "reasonable man" type tests, unless the programming you are doing is very unusual or specific. Most are more related to trade secrets, etc. The more vague and the larger the area, the easier it is to get them overturned. The other direction is to make the hiring company or headhunter pay a compensatory amount to your previous employer with a binding statement releasing you from any further liability. In the long run, run it by a lawyer, as his/her billable time will be much shorter now than when you receive the summons later!

------------------
Gary Yates
1995 Red/Tan

 

[Sig]

I actually work in Sales, no programming here. I think Virginia is a right to work state like Texas, so that should help.

 

[justin hall]

Originally posted by Dr.Lane:
....You cannot be denied the opportunity to earn a living in the city or state of your choice. Furthermore, if the covenant not to compete is very large (ie...you cannot work in the state) you have a good chance of winning the battle....

these are both typically true statements, but you certainly can be precluded from sharing trade secrets. in sales, specific customer lists, pricing, etc. can be considered trade secrets unless readily availible in the public domain. For example, everyone knows AMD sells to gateway, but at what price? that can be considered a trade secret if said person went to work for an AMD competitor. However, that person could not be prevented from making a living in their field, but may be prevented from selling processors and calling on gateway on behalf of the new company - but even then that would be for a specific period of time.

 

[sjs]

I have dealt with this topic a few times (although in Missouri and Texas), but I would start by focusing on the fact that you did not leave the company voluntarily. If they chose to end the employment relationship, then everything I have ever heard indicates that you are free and clear with regards to where you work. However, as stated many times above, you are still bound by any agreement to not divulge various information, trade secrets, etc.