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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33029
Experience:  More than 30 years in legal practice.
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Can a non compete include a clause that says as a past employee

Customer Question

can a non compete include a clause that says as a past employee you may not have contact with any accounts you handled while with x employer...for 2 years? i understand for a year i may not gain employment with a direct competitor, but it seems to be an unreasonable limit of my livelihood to not be able to contact accounts i am familiar with, in a different capacity entirely.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Virginia allows non solicitation/competition agreement so long as it is in writing, limited timewise and protects a genuine business interest.The courts provide some more leeway in respect to covenants not to solicit clients or customers. Covenants not to solicit customers are seen by the courts as being more limited in scope and, if properly drafted, achieve a legitimate purpose of protecting an employer’s customer base.
Expert:  Loren replied 1 year ago.
Whether 2 yrs is reasonable is a question of fact the court would need to determine, depending on what is normal in your industry.
Expert:  Loren replied 1 year ago.
Are you online with me?
Expert:  Loren replied 1 year ago.
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