Legal Question in Employment Law in Virginia
LLC vs individual
Can a Maryland LLC (Building Material Supplier) who's owners who consist of a another Building Material Supplier(majority owner) from Kansas, and two individuals file suit against an individual (for breach of contract non-compete) who signed a non-compete agreement with the LLC company (whom he was originally was to work for), but never did work for them(the LLC).
The individual upon hire was switched to work directly for the majority owners other building materials supply company. Both companies do the same business.
Shouldn't a ''new'' non-compete been drafted with the other company. The original, and only, is between the employee and the LLC.
The individual worked directly for the other company, was paid by the other company then left with notice and now has received a notice of this supposed breach of contract since taking employment with a competitor.
1 Answer from Attorneys
Re: LLC vs individual
For a more definitive answer, an attorney should probably review the relevant documents, but the original non-compete agreement as you've described it may be sufficient for purposes of the lawsuit.