Legal Question in Employment Law in Virginia
Subpoena Duces Tecum
My former employer has hired an attorney and has threatened to sue me for breach of my non-compete agreement, which was breached by my former employer before I left. First, I have been told that when that breach occurred, the entire agreement became null and void. Is that true? Secondly, although nothing formal has been filed against me, my former boss' attorney has issued a Subpoena Duces Tecum demanding my current employer turn over any/all records regarding my work with them. Is my current employer under any legal obligation to comply?
Thank you in advance for any help you can provide.
1 Answer from Attorneys
Re: Subpoena Duces Tecum
Yes, a material breach of the non-compete agreement on the part of one of the parties would likely nullify the entire agreement.
No, your current employer is under no obligation to honor a subpoena duces tecum to turn over records unless a lawsuit has been filed and the aforementioned subpoena has been issued in connection with this pending suit. (It may be, however, that such a suit has in fact been filed and you have yet to be properly served with a notice and copy.)
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