ANALYSIS The enforceability of a provision that restricts competition is a question of law that we review de novo. The remaining counts then were nonsuited and we awarded Home Paramount this appeal. After an evidentiary hearing, the circuit court granted the plea in bar and dismissed the relevant counts of the amended complaint. The defendants filed a plea in bar to these claims, asserting that the Provision is overbroad and therefore unenforceable. In September 2009, Home Paramount filed an amended verified complaint asserting that Shaffer s employment by Connor s violated the Provision and alleging, among other things, breach of contract by Shaffer and tortious interference with contract by Connor s. Soon thereafter and within the two-year period set forth in the Provision, he became employed by Connor s Termite and Pest Control, Inc. In July 2009, Shaffer resigned from Home Paramount. In January 2009, he signed an employment agreement containing the following provision ( the Provision ): The Employee will not engage directly or indirectly or concern himself/herself in any manner whatsoever in the carrying on or conducting the business of exterminating, pest control, termite control and/or fumigation services as an owner, agent, servant, representative, or employee, and/or as a member of a partnership and/or as an officer, director or stockholder of any corporation, or in any manner whatsoever, in any city, cities, county or counties in the state(s) in which the Employee works and/or in which the Employee was assigned during the two (2) years next preceding the termination of the Employment Agreement and for a period of two (2) years from and after the date upon which he/she shall cease for any reason whatsoever to be an employee of. BACKGROUND AND MATERIAL PROCEEDINGS BELOW Justin Shaffer was an employee of Home Paramount Pest Control Companies, Inc. Smith, Judge In this appeal, we consider whether a non-compete provision in an employment agreement is overbroad and therefore unenforceable. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Robert J. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile.Īs a matter of policy, BBB does not endorse any product, service or business.PRESENT: All the Justices HOME PARAMOUNT PEST CONTROL COMPANIES, INC. ![]() ![]() BBB Business Profiles are subject to change at any time. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.īBB Business Profiles generally cover a three-year reporting period. ![]() However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. ![]() BBB Business Profiles may not be reproduced for sales or promotional purposes.īBB Business Profiles are provided solely to assist you in exercising your own best judgment.
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