Legal Question in Employment Law in Virginia
I am being let go by my company(laid off)this month end - They are asking me to sign an agreement in exchange for 4 weeks severance pay and cobra payment for a month(the company will pay their part and me mine). The agreement includes a clause #6 part of which I have typed below. For privacy sake, I have named the company XXX.
6. 'Continuing from the separation date and through and until the period of one year following the expiration of the severance period, you agree not to contact in any manner either on your own behalf or on the behalf of any other person or entity, any customer of XXX for the purpose of directly or indirectly attempting to solicit,divert or take away the business or patronage of such clients or customers of XXX (for purpose of this paragraph 6,"customer of XXX" means any individual or entity(a)from whom or which XXX received during the two(2)years prior to the termination of your employment with XXX. a monetary fee or other payment in exchange for services rendered.;(b)For whom or which XXX agreed prior to the termination of your employment to perform services in exchange for a monetary fee.(c)with whom or which you personally met during the course of your employment with XXX for purpose of soliciting business on behalf of XXX;(d0 and or who or which was being actively solicited by any employee of XXX during the six(6)month period immediately preceding the termination of your employment.'
I would like to know if this is legal, and if I can do anything about this. I feel it is unfair for the company to ask this of me especially since they are laying me off due to no fault of my own - and feel that this will make it difficult for me to get another job.
1 Answer from Attorneys
I see nothing illegal in this proposed agreement but if you have serious issues
with it, then why agree to it for apparently only four weeks of pay and COBRA
coverage for one month?