Legal Question in Civil Litigation in Virginia

When we hired an employee, we issued an offer letter that contained a non-compete provision. The employee started employment with us and we have been paying the employee as per the offer letter. However, we overlooked the fact that the employee did not sign the offer letter.
Now the employee is attempting to violate the non-compete provisions. Can we still enforce the non-compete provisions in the offer letter based on an "implied agreement" that both parties have been operating under the provisions of the offer letter? Please advise.

Asked on 12/17/09, 5:04 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Unless this offer letter constitutes a valid contract, it would not be enforceable

whether or not the employee signed it. However, if it is enforceable, you could argue that the employee agreed to its terms by accepting payment and

performing the duties required of the position.

Answered on 12/22/09, 7:13 am

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