Legal Question in Business Law in Virginia
I have a non compete clause in the contract I signed where I am currently working that I and my employer have a different understanding of. Here is the exact language: "During the Agreement, contractor shall not, directly or indirectly solicit or encourage customers to engage in private services with the contractor or competing venues outside of the Company within a 10 mile radius of the said Company. For a period of one year following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage any employee, consultant, contractor or customer who has left the Company's employment or contractual engagement within one year of such employment. The contractor is expressly free to perform services for other parties while under this Agreement so along as [he or she] does not violate the terms laid out within said Agreement." Does this mean after termination I can work for another similar business within a 10 mile radius immediately so long as I am not soliciting the previous employer's clients or staff, OR must I wait one year to work within said radius?
1 Answer from Attorneys
This question is a little too specific to answer in an online forum, because to properly give you legal advice I would want to know more about the contract, the relationship, the type of business, etc. There are too many things that might affect the answer that aren't included in your question. But, I feel pretty comfortable telling you that your reading of the language seems reasonable.
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