I GOT FIRED....MY NON-COMPETE CANNOT APPLY TO ME!

We get this comment fairly regularly. Folks are treated unfairly by their employer, fired from their job, and then reminded as they walk out the door that they cannot go work for a competitor due to their non-compete contract.

Sounds unfair doesn't it? It is unfair. Is is also usually true.

In general, being fired, laid off, or furloughed has NOTHING to do with whether your non-compete is enforceable in Virginia. The agreement may be unenforceable because of it duration, geographical scope, or dozens of other reasons...the fact that you were fired has nothing to do with whether the non-compete agreement is valid.