Defendant accused of Breach of Contract by Former Employer

A private security firm is embroiled in a legal battle over allegations of breach of contract and fiduciary duty. Sentry Force Security, LLC filed a complaint in the Circuit Court of the City of Alexandria on December 13, 2023, against a former employee, James R. Barrera Jr., and his new company, New District Security (NDS). The case was later appealed to the Court of Appeals of Virginia on January 27, 2026.

The lawsuit centers around accusations that Barrera violated a “Non-Disclosure and Restrictive Covenant Agreement” he signed with Sentry Force. According to the security firm, Barrera established NDS while still employed with them and allegedly solicited Sentry Force’s clients and employees for his new venture. The complaint alleges that Barrera used proprietary information from Sentry Force to divert business opportunities to NDS, including contracts with Brightview and AMMS. Additionally, it claims Barrera misused company resources for personal gain and NDS’s benefit.

Sentry Force argues that Barrera breached his fiduciary duty by operating a competing business secretly and soliciting its employees. The company seeks compensatory damages for lost business opportunities and punitive damages for Barrera’s alleged misconduct. They also aim to recover attorney fees incurred during the litigation process.

In response, Barrera contends that the agreement he signed is unenforceable under Virginia law because he was classified as a “low-wage employee.” His defense relies on Va. Code § 40.1-28.7:8, which prohibits employers from enforcing non-compete agreements against low-wage workers. Barrera’s counsel has counterclaimed for injunctive relief to prevent Sentry Force from pursuing enforcement of the non-compete clause, along with $100,000 in compensatory damages and attorney fees.

The court ruled partially in favor of both parties: it upheld Sentry Force’s right to protect its client base from direct solicitation by former employees but denied their ability to restrict former employees from hiring other ex-employees under non-compete clauses applicable to low-wage workers.

Representing Sentry Force are attorneys John M. Remy, Matthew E. Kreiser, Mary C. Mullen from Jackson Lewis P.C., while J. Chapman Petersen and Christopher T. Robertson from Chap Petersen & Associates PLC represent Barrera and NDS. Judge Lisa Kemler presided over the initial proceedings at the Circuit Court level before Judges Beales, Causey, and White reviewed the appeal (Case ID: Record No. 1405-24-4).