Noncompete agreements can be an effective way to prevent your employees from leaving your employ to work for a rival business using the skills, information and contacts they acquired while working for you. However, for a noncompete to be effective, it has to be enforceable as demonstrated by the decision in NVR, Inc. v. Nelson from the federal district court in Alexandria.
An article analyzing the court’s decision by DiMuroGinsberg attorney, Jayna Genti, appears in the June, 2017 issue of the Virginia Employment Law Letter. Jayna’s article entitled “Virginia Court Voids Employer’s Noncompete,” discusses the problems the court found with the noncompete’s indefinite geographic limitations and overbroad scope. As Jayna’s article explains, noncompetes must be drafted to ensure that the restrictions are clear and definite and do not unduly restrict the work opportunities of a former employee.
Click here for a copy of Jayna’s article.
For a copy of the opinion, NVR, Inc. v. Nelson, or to subscribe to the Virginia Employment Law Letter, please contact firstname.lastname@example.org.