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Non-Compete Agreement Enforceability in Virginia

Started by first_time_parent_help · Dec 17, 2024 · 1,749 views · 14 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FT
first_time_parent_help OP

I've been trying to resolve this in Virginia on my own but I'm stuck.

employer changed my status to contractor. I've been dealing with this for about 4 months now and the situation isn't improving.

I have worked at this company for 9 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

What's the typical outcome in situations like this?

DN
DataPrivacy_Nerd

I went through almost the exact same thing.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

AF
asking_for_friend_renter_WA

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the FMLA, which requires showing qualifying and covered.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

WD
worried_dev_question

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

SM
SeniorDevMike_PDX

I've seen this play out several times in my field.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

JC
just_curious_student_2022

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

TS
throwaway_student_NC

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

AF
asking_for_friend_seller_2024

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

FW
frustrated_worker_CO

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

CT
CryptoTrader_2023

I've seen this play out several times in my field.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

FB
frustrated_business_owner_2022

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

HC
HRManager_Chicago

I went through almost the exact same thing.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

AF
asking_for_friend_renter_FL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

ND
newbie_driver_question

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

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