At the first hearing, the court may make a temporary decision to prevent you from doing an activity in question, or decide that what you are doing is correct for now. An injunction will only be effective until you return to court for a more complete, and generally longer process to finally decide the issue. Alternatively, your first hearing, depending on the facts of your case and the procedures of your state, may be the last hearing. The court will hear evidence from you and your employer and decide whether you issue an order that prevents you from participating in the attacked activity or if you reject your employer application and allow you the freedom to continue the attacked activity. 2. Do I have to accept a non-compete agreement? The most frequently sought (and most frequently granted) type of exemption for violation of a non-compete agreement is an injunction. This means that, in many cases, the former employer cannot or cannot seek damages. Instead, they ask the court to respect the non-competition agreement and get the worker to leave the new employer. Result #3 – The company is suing you in court in Virginia.
Most non-competitive litigation will not be held in Virginia. But if it`s you and your ex-employer can`t hate each other, the company can sue for violating the non-compete clause. The complaint, known as a complaint, is likely to be filed in a Virginia state court. You will receive the complaint and you will have 21 days to respond. The likely validity of an agreement depends in large part on the analysis of state law, which applies to the concrete facts you have made and the situation of your employer. With so many potential issues, if you have any doubts about an agreement, it would be wise to consult a lawyer who is familiar with these types of agreements. Incorrect payments on the validity of the agreement could seriously affect your ability to work and cost you a lot of money, so be careful. In general, it is very difficult to show that a non-competition clause is applicable. In most cases, it is concluded that the non-competition clause was not applicable. In general, overly broad non-competition prohibitions are not applicable, while narrower and maintained non-competition prohibitions only prevent the worker from asking or cooperating with the former employer`s clients. Almost all successful cases included direct competition for customers and malicious action on behalf of the worker or new employer. Remember when you signed a non-compete agreement? I hope so, but many Virginians do not remember if they signed a non-compete agreement when they were hired.