Is my non-compete agreement still valid?

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Is my non-compete agreement still valid?

I work for company that supplies resources to a large IT firm with a government contract. I signed a non compete agreement nearly 2 years ago that says I can’t work for a competitor or the client meaning the federal government for a year after leaving the company. I recently have an opportunity to have my job converted from a contract position to a federal job. Is the non-compete valid?

Asked on June 15, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Non-competes do not have a time limit or expiration date on them: once signed, they are valid for any length of time, until you leave employment, in which case (the typical non-compete) you would be bound by the non-compete if you voluntarily left employment (quit, resigned), but would not be subject to it if the separation from employment was involuntary (fired, terminated, laid off). So if you signed a non-compete 2 years ago and have been working for the same company since then, if you quit or resign now, you will be bound by it.


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