How well does a non-compete clause hold up in court, if the employer has violated at least 3 other clauses in the contract?

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How well does a non-compete clause hold up in court, if the employer has violated at least 3 other clauses in the contract?

Also, the non-compete clause was never actually discussed with the employee. The employee signed a contract with the assumption that they would have an orientation before beginning the job, at which point they would receive a policies and procedures manual. No such orientation happened, and as a result, the employee did not receive the manual until 7 months after the contract had been signed. The employee is also just now being directed to the non compete clause almost 3 months after actually receiving the manual.

Asked on April 27, 2013 under Employment Labor Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a non-compete caluse between an employer and a former employee is not valid because it violates public policy where all former employees should be able to work where they desire. From what you have written about, I doubt that the non-compete clause is valid in your state.


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