Legal Question in Business Law in Virginia

My husband is in sales for a plumbing wholesale company(A) who was recently purchased by another rival company. My husband came back to work at plumbing company A just over a year ago. He had left A for about 8 years after working there for almost 20 years. His customers followed him to company "B" and then followed him back to A. Now this new company "C" wants to hire him - have stated they have wanted him for a long time - and he has been trying to persuade his customers to follow him here to C -( they have had previous dealings with C and don't really want to deal with them). The new company C, wants a no compete clause stating for up to a year he can't call on any of his customers he is bringing TO them or go work for a rival in the same capacity - Is there any way or addendum that excludes what you bring to the company or is this entirely their way or the highway? In these tough times it's hard to turn down a job but hardly seems just.


Asked on 3/22/11, 5:18 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

"Their way or the highway" would be my assessment.

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Answered on 3/22/11, 7:06 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. It comes down to how bad your husband wants this job. Perhaps he can negotiate a better deal if he agrees to this and brings in his old customers. That's real value to the new company. Make sure he gets EVERYTHING is writing and has it reviewed by an attorney before signing. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/22/11, 7:54 am


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