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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12938
Experience:  Significant experience in all areas of employment law.
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I signed a non-compete contract with my employer just under

Customer Question

I signed a non-compete contract with my employer just under 2 years ago.. I am still employed, but have been approached by one of our clients about jump shops to come work for them full time.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: No - I haven't accepted offers yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My Non-Compete says "Employee will not contact, solicit or acquire as clients or customers any Conversion Pipeline’s
prospects, current or clients during the term of this Agreement and for two (2) years following the expiration of this Agreement." But there is no expiration date
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 11 months ago.

I think the reasonable interpretation is that the agreement "expires" when the employment terminates, as that is typically when non-compete agreements go into effect. Even if you could successfully argue that the lack of an expiration date creates an undefined, indefinite period for the non-compete, a court would be unlikely to then strike it down entirely--they would just limit the non-compete to the duration of time that is considered reasonable under the law.

So, accepting employment that is in violation of the non-compete would be a risk as it would create legal exposure for you. You could hope that your employer doesn't find out about your new job, or that if they do find out that they decide not to sue. But there is no way to ensure that you won't be sued if you do what it is that you are contemplating doing. I wish I could tell you otherwise.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 11 months ago.

Was there anything else I can do for you?

Expert:  Patrick, Esq. replied 11 months ago.

Can you please let me know if you are getting my messages to you?