OMNIPLEX WORLD SERVICES CORPORATION v. US INVESTIGATIONS SERVICES, INC., ET AL., 270 Va. 246

Summary

At issue was a non-compete provision in the employment agreement between the former employee and the former employer. Following an ore tenus hearing, the trial court struck the former employer's evidence, concluding that the non-compete provision of the former employee's employment agreement was overbroad. The appellate court found that the restriction in this case was not limited to positions competitive with the former employer. Under the provision at issue, the former employee was prohibited from performing any services for any other employer in a position supporting the former employer's customer. This provision precluded the former employee from working for any business that provided support of any kind to the customer, not only security staffing businesses that were in competition with the former employer. Because the prohibition in this non-competition provision was not limited to employment that was in competition with the former employer, the covenant was overbroad and ...