Non-compete agreements are common in certain fields, but some states have noticed how burdensome they can be. This has led to some of these agreements not being considered enforceable. Virginia has its own standards for these agreements, and if you are curious about whether your document meets the state’s standards, you can talk to a Chesterfield County non-compete agreement attorney.
What Do Non-Compete Agreements Limit Specifically?
Non-compete agreements are meant to prevent an employee from leaving one workplace to join another in the same industry. Obviously, this can be a problem for many different workers. Many people get a job in one industry and generally stick to that industry and similar jobs. How can they do that if a non-compete agreement stands in their way?
Companies do have interests of their own to protect though, and it is understandable that they would not want to hire somebody and have them run off with their new skills and knowledge to work for a competitor. So non-compete agreements can still be enforced, but the criteria are specific.
When Will Virginia Enforce Non-Compete Agreements?
Virginia can enforce a non-compete agreement if it is:
Narrowly drawn: This means that the non-compete is not too broad. A company may be able to tell someone that they cannot work for a competitor in the same county, but they may not get away with telling someone that they cannot work for a similar company headquartered multiple states away.
Protective of the business interests: A company has to show that non-compete agreements help protect the interests of the business. If there is genuine worry about an employee running off to another company with trade secrets or proprietary information, then a non-compete makes sense.
Within public policy: A non-compete agreement cannot violate any laws or policies currently on the books.
Not overly burdensome on the employee: If an agreement bars someone from working in the same industry for a long period of time or in a large area, it might not be enforceable. This is because it is creating far too much of a burden on the employee, who would obviously struggle to get a new job under those circumstances.
What If I Think My Non-Compete Agreement Is Unfair?
If you think that your own non-compete is unfair, you can talk to a lawyer. If your agreement is far too broad, it might not be enforceable.
You should also remember that an employment lawyer can help you before you sign non-compete agreements or anything else. If you are being hired at a new job, do not be afraid to schedule an appointment and ask for help analyzing any of the terms and conditions of your employment agreement.
Talk to An Employment Lawyer Today
If you do not think that your current non-compete agreement is valid, contact Passero Employment Law. You can schedule an appointment with our employment lawyer who can answer your questions and give your agreement a closer look. If there is a way to fight it, our firm’s experienced attorney can help you.
