Question: Is my non-compete/non-solicitation agreement enforceable in the state of Virginia?
I was employed (w2) by an IT staffing firm for 6 months to work as a contractor for their client. I then started my own business, doing IT consulting. Client reached out to my company to buy my services. The former employer contacts me stating that I have a non-compete, and in order to work for client, I have to work through them as a vendor.
I have a three month contract with vendor to provide services for client. I have a non-compete clause in the supplier agreement I signed. Client wishes to continue with my services for another 6 months after the contract expires in 3 months. I want to know if the agreement is enforcable in court.
Answer
As a general rule, non-compete agreements are enforceable in Virginia. However, there are some instances wherein they are overbroad and, thus, are unenforceable. You will need to retain an attorney for an opinion on your specific contract.