Writ Granted in Fairfax Non-Compete Case
In a case that may further shape the landscape of non-compete cases in Virginia, the Virginia Supreme Court granted today a writ of appeal in a case involving a former employee of a pest control company that was subject to a non-competition agreement when he went to work for a competitor.
The case, Home Paramount Pest Control Companies v. Shaffer, et al., involves a former employee, Justin Schaffer, of Home Paramount Pest Control that was subject to a non-compete which restricted his future employment in terms of working for a competitor. The geographical restriction for the non-compete was limited to Fairfax County; however the work restriction limited the employee from working for a competing pest control company “in any manner whatsoever.” Despite claims from Home Paramount that Schaffer was attempting to get business from commercial customers he worked with while at Home Paramount, the Fairfax Circuit Court found the restriction to be overbroad and ruled in favor of the former employee. The Virginia Supreme Court has now granted a writ with respect to three assignments of error to review the decision of the lower court.
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