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Non-compete contract question? (state of Virginia)

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  • Non-compete contract question? (state of Virginia)

    If one worked for a corporate pet store in the state of Virginia, and upon hiring signed a non-compete contract that stated that they "would not work in a 10 mile radius of the store that they worked for the tenure of their employment with that corporate pet store" at a place that they did the same trade or for another pet store in that radius. While working for that corporate pet store they helped out at another location of that corporate pet store where they filled in for 8 to 10 days out of a 2 to 3 month period because the were understaffed. Within 2 weeks of leaving that corporate pet store by thier choice (the employee) they went to work for another pet store doing the same trade, that was well out of the radius of the home store but only a couple miles from the other location that they helped out in (they were not paid from that location, all commissions were filed in and all checks were recieved from the home store). Would that person be breaking that non-compete contract by working for that other pet store that is close to the other location?

  • #2
    re: Non-compete contract question? (state of Virginia)

    This is the exact wording of the contract that has to do with this subject. This copy was not available when the oringinal thread was made.

    If I am a salon associate, pet trainer or day camp associate, during the term of my employment by the Company and continuing for a period of six months after the termination of my employment for any reason, I shall not compete with the Company within ten miles of the Company store where I was employed during my tenure with the Company.

    Now the store that they were hired at, payed from and resigned from is not remotely close to or within ten miles of the new store of another company they were hired at. The store that they helped out in two days a week for a total of 4 to 6 inconsecutive weeks because they were understaffed, and never transferred to is only a mile away but they were not paid by that store. Any commissions made at that store were sent back to the home store and paid from that store. Would this be a breach of contract for that employee?

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    • #3
      re: Non-compete contract question? (state of Virginia)

      See your other post:

      http://www.legaljunkies.com/forumbus...ius-store.html

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