Are employee non-compete agreements enforceable in Virginia?

Are employee non-compete agreements enforceable in Virginia?

In Virginia, non-compete and non-solicitation agreements are enforceable only if they are narrowly drawn to protect the employer’s legitimate business interests, are not unduly burdensome on the employee’s ability to earn a living, and are not against public policy.

How long does a non-compete last in Virginia?

Virginia courts have upheld agreements that restrict competition for one and even two years or more in certain cases. Geographic Scope. Covenants not to compete must also be limited in geographic scope. Generally, employers can only restrict competition within the area they do business.

What if you break non-compete?

Generally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you. In very rare cases, the court may prevent you from working for a competitor for the duration specified in the non-compete.

What is the non-compete agreement law in Virginia?

Virginia Law on Non-Compete Agreements If you work in the Commonwealth of Virginia and have signed a contract with your employer containing a non-compete clause, you may face legal consequences if you violate that agreement. You should know how this can affect you in the event that you are terminated or decide to switch jobs.

How does the new law affect Noncompete agreements?

Accordingly, the law has the potential to affect noncompete provisions contained in employment agreements, standalone restrictive covenants, and separation agreements presented at the end of employment. What is less clear is the extent to which the new law might also impose restrictions on customer nonsolicitation provisions.

How can an employer recover from a non-compete agreement?

An employer cannot recover for an employee’s violation of a non-compete clause without establishing proof of harm. Actual (monetary) damage can be shown by referring to instances of “successful competition” – competition from a former employee that results in injury.

What makes a noncompete agreement a nondisclosure agreement?

The new law allows for the continued use of nondisclosure agreements if they are designed to “prohibit the taking, misappropriating, threatening to misappropriate, or sharing of certain information, including trade secrets” and confidential or proprietary information. Who qualifies as a “low-wage employee?”

Virginia Law on Non-Compete Agreements If you work in the Commonwealth of Virginia and have signed a contract with your employer containing a non-compete clause, you may face legal consequences if you violate that agreement. You should know how this can affect you in the event that you are terminated or decide to switch jobs.

Accordingly, the law has the potential to affect noncompete provisions contained in employment agreements, standalone restrictive covenants, and separation agreements presented at the end of employment. What is less clear is the extent to which the new law might also impose restrictions on customer nonsolicitation provisions.

An employer cannot recover for an employee’s violation of a non-compete clause without establishing proof of harm. Actual (monetary) damage can be shown by referring to instances of “successful competition” – competition from a former employee that results in injury.

The new law allows for the continued use of nondisclosure agreements if they are designed to “prohibit the taking, misappropriating, threatening to misappropriate, or sharing of certain information, including trade secrets” and confidential or proprietary information. Who qualifies as a “low-wage employee?”