Legal Question in Employment Law in Virginia
Non-compete/Non-solicitation agreement when terminated without cause
I am in sales and have a non-compete/non-solicitation agreement. Due to poor sales performance, I was just told that my employment in this position is being terminated. Because I am being fired without cause, I'm trying to determine whether the NC/NS agreement is enforceable. From the case law research I've done, I do not believe that the agreement is too broad or significantly restricts my ability to make a living. However, my thought is that because the company has deemed me worthless to their efforts in these accounts, they can not establish that they would suffer harm from me directly competing with a competitor. Any opinions/clarifications would be appreciated.
1 Answer from Attorneys
Re: Non-compete/Non-solicitation agreement when terminated without cause
How do you know in fact that the company considers you "worthless", but rather more likely merely a marginal performer not worth keeping on their payroll but still someone whom they would prefer not to have competing for sales in their territory within the period of restriction? And, therefore,
may well be quite inclined to enforce the non-compete agreement as it stands at the time of your termination.
You may, nevertheless, still want to have an attorney review your non-compete to determine whether s/he agrees with your particular assessment of its legal ramifications.
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