Q: What legal actions can we take in Virginia against an ex-employee starting a competing business?

A: What you’re describing sounds like a clear betrayal of trust, and it’s understandable that you want to take strong steps to protect everything you’ve built. In Virginia, you may have grounds to pursue legal action for several serious issues—misappropriation of trade secrets, breach of fiduciary duty, tortious interference with business relationships, and conversion of company property. If the ex-employee used insider access to solicit customers or poach staff while still working for you, that could be used as strong evidence of misconduct.

Even if you didn’t have a non-compete or non-solicitation agreement in place, Virginia law still offers protection against unfair competition when an employee misuses confidential information or undermines a company from the inside. You could sue both the individual and the new company he formed. Taking civil action might allow you to seek damages for lost contracts, lost employees, and the diminished value of your business, especially if he took tangible assets like the vans and tools without proper authorization.

You should also act quickly to formally demand the return of your property and document all communication, customer lists, and employee losses tied to his actions. Sending a cease and desist letter may also help prevent further damage while legal proceedings begin. You’ve invested years into this company, and you have every right to fight for what’s been taken from you.