Does the non-compete agreement remain enforceable if the employee is fired?

Generally, it is still enforceable.  This is because almost every non-compete I’ve ever seen has in it a clause which specifically indicates that the non-competition (and non-solicitation and confidentiality) provisions survive the employment relationship.  But it doesn’t have to be that way.  Another lawyer has pointed out that there is at least one case in Virginia where the specific wording of the agreement permitted the employee to void the agreement with 60 days notice under some circumstances.  So read the agreement carefully and be sure you understand it.

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