Legal Question in Business Law in Virginia

Non-compete

Hello. I am a licensed cosmetologist that has been freelancing as a sole proprietor off and on for a few years. I recently started working 2 days a week in a salon/spa in my field. I signed a non-compete that says I can't work for another business nor start one related to this one in a ten mile radius for a year after I stop working for them. Currently I have not reached my 90 ''probationary'' period in which I can be let go at any time if my product sales aren't up or if I'm not a good fit. I may leave this job and go back freelancing under my DBA in the same field. The only thing is I perform mobile salon/spa services and I don't have one specific location because I go where ever my clients are. Is my current boss able to sue me? What can I do to avoid that?


Asked on 11/01/08, 10:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Non-compete

Yes, your current boss could certainly sue you (and even win the case in my opinion)if you started servicing clients within that prohibited 10 mile radius within a year of your termination from your current position---if he/she were to find out about it.

As to how you might avoid such a suit, that would involve renegotiating the terms of the noncompete agreement(in my opinion).

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Answered on 11/02/08, 10:58 am


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