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HOME PARAMOUNT PEST CONTROL v. SHAFFER

Record No. 101837.

718 S.E.2d 762 (2011)

282 Va. 412

HOME PARAMOUNT PEST CONTROL COMPANIES, INC. v. Justin SHAFFER, et al.

Supreme Court of Virginia.

November 4, 2011.

Attorney(s) appearing for the Case

Alexander Francuzenko ( Zachary A. Kitts ; Lee B. Warren ; Cook Kitts & Francuzenko, on briefs), Fairfax, for appellant.

Charles W. Sickels ( Holly Parkhurst Essing ; Hall, Sickels, Frei & Mims, on brief), Reston, for appellees.

PRESENT: All the Justices.

OPINION BY Justice WILLIAM C. MIMS.

In this appeal, we consider whether a "non-compete" provision in an employment agreement is overbroad and therefore unenforceable.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Justin Shaffer was an employee of Home Paramount Pest Control Companies, Inc. ("Home Paramount"). In January 2009, he signed an employment agreement containing the following provision ("the Provision"):

The Employee will not engage...

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