Is my non-compete still legally binding?

I started work at a position on 01/30 and on 03/01March 1st the location closed down for construction. I was offered the same position to continue on with that company at a different location but the commute was a hardship and I had to decline. The manager then let me know that, since I was unable to work temporarily at another location, I was being let go. Is there any way to invalidate the non-compete agreement I signed upon my hire given that I did not even work 30 days with that company?

Asked on March 5, 2018 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The enforceability of a non-compete agreement is not affected by how long you worked there--it is as enforcable if you worked 10 days or 10 years. Since you were terminated due to your refusal to work at a different location on a temporary basis, the non-competition agreement would still be binding against you--your refusal to work at a different location is equivalent to your resignation or quiting.


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