Appellate Practice Attorney serving New York, NY
The non-compete may or may not be enforceable. In most jurisdictions, it depends on how broad the clause is and many other factors. For example, does the employee have special and unique skills? Did the employee receive additional compensation for signing the non-compete? Does the employee's new employment require him to utilize trade secrets of his former employer? How long is the non-compete? What is its geographic scope? Was the employee a former owner of the business? Etc.
Also, sometimes courts will "blue pencil" an overbroad non-compete provision. For example, if a court decides that a 2 year non-compete applying to the whole state is overbroad, it could invalidate the entire provision, or could cut it down to 1 year in the same county.
That being said, if the clause is enforceable in Virginia, it should not make any difference that it is being enforced in Maryland.
One more thing, which probably doesn't matter to you, but just in case it does. California is different from every other state in that it will enforce a non-compete provision only in very limited circumstances.
Answered on Jun 14th, 2012 at 7:06 PM