HOME PARAMOUNT PEST CONTROL v. Shaffer, 718 S.E.2d 762

Shaffer signed an employment agreement in January 2009 containing a broad non-compete prohibiting pest-control activities for two years after termination in the states where he worked or was assigned and during two years prior.
Shaffer resigned from Home Paramount in July 2009.
Within the two-year period referenced in the Provision, Shaffer began employment with Connor's Termite and Pest Control, Inc.
Home Paramount amended its complaint in September 2009, alleging breach of contract by Shaffer and tortious interference by Connor's, and the defendants moved to bar these claims as overbroad.
The circuit court granted the plea in bar and dismissed the relevant counts; remaining counts were nonsuited, prompting this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the provision overbroad under the function element?	Shaffer	Shaffer	Provision overbroad; unenforceable
Did Paramount Termite Termite Co. v. Rector control or get overruled?	Home Paramount	Home Paramount	Paramount overruled; provision not saved by stare decisis

Blue Ridge Anesthesia & Critical Care, Inc. v. Gidick, 239 Va. 369 (1990) (upholding limited noncompete language that targets similar services while allowing noncompetitive roles)
Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 (1998) (prohibition on rendering competing services to a former employer's customers)
Simmons v. Miller, 261 Va. 561 (2001) (broader scope noncompete unenforceable; function element must track employer's business)
Motion Control Systems, Inc. v. East, 262 Va. 33 (2001) (broadened prohibition against similar businesses is unenforceable)
Omniplex World Servs., Corp. v. U.S. Investigations Servs., Inc., 270 Va. 246 (2005) (valid provisions prohibit activities that actually or potentially compete)
Paramount Termite Control Co. v. Rector, 238 Va. 171 (1989) (prior controlling rule upholding noncompete)