Lasership, Inc. v. Belinda Watson and Midnite Air Corp., d/b/a Midnite Express, 79 Va. Cir. 205
Summary
The employee worked as a lead dispatcher for the global deliveries division of a messenger and delivery company. She took a job with a direct competitor, in an office near her prior job, performing similar duties, and contacting her former employer's customers. The court sustained the demurrer, finding that the employment contract was unenforceable as a matter of law since certain provisions were overbroad. The interference and business conspiracy claims failed because they were dependent on the enforceability of the employment contract. In particular, the court found that the covenant not to compete was unenforceable because it prohibited the employee from working in any capacity for a competitor, and it was not limited in its functional scope to the employee's activities for her former employer. Similarly, the non-solicitation provision failed for overbreadth because it prevented the employee from contacting in any manner, and for any purpose, any of her former employer's customers. ...