Legal Question in Civil Litigation in Virginia

Contact with my consulting firm
I work at company 'B', sub-contracting through a consulting firm 'A' for about 3 years. I was employed with firm 'C'. I had to work thru frim 'A' bcoz until now since firm 'A' was a preferred vendor at firm 'B'. While starting to work , I was made to sign a non-compete ageement with firm 'A' stating that I will not work any of firm 'A's clients meaning firm 'B'. How ever in October of the last year the preferred vendor list at firm 'B' was trimmed to about 10 Vendors and firm 'A' is no longer a preferred vendor at 'B'. This means no one can any longer work through firm 'A' at 'B'. My question is if the non-compete agreement is still valid. Can I continue to work at firm 'A' through any of the 10 preferred vendors wihtout attracting legal action from firm 'A'. I have been given 3 days by vendor Mgmt at firm 'B' to switch to a preferred vendor or my contract will be terminated. Please help.
Thanks,

Asked on 4/10/02, 6:48 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

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Re: Contact with my consulting firm

Generally, these agreements are enforceable. The fact that the consulting firm's contract is terminated does not generally mean that you are relieved of your obligations - part of the reason for the non-compete is to deter the company from terminating the contract, because it will result in the loss of the people and prevent them from being rehired. However, the contract itself may be so broad as to be unenforceable, or may otherwise provide an exception. You need to have this reviewed by a lawyer.

Answered on 4/11/02, 9:03 am

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