Non-Compete Agreements in Virginia

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If you are employed, it is likely that you have come across a non-compete agreement. Keep in mind that in some instances, these agreements can be deemed unfair or overbroad. If you suspect this is the case, you will want to reach out to our firm today to speak with a dedicated and experienced Chesterfield County non-compete agreement attorney today. Our firm is on your side.

What is the purpose of a non-compete agreement?

A non-compete agreement is used between an employer and employee to prevent an employee from using trade secrets, business practices, and ideas developed throughout their time working at their place of employment to begin their own business or join a competing institution in the same area.

Oftentimes, a non-compete agreement is created by employers because without one, they risk damaging their business in the event that an employee was to take important information that they acquired from their company to use at a similar competing company. 

What makes a non-compete valid?

An enforceable non-compete agreement in Virginia must follow the below criteria:

  • A valid non-compete agreement must not place an unfair time limitation on the worker
  • A valid non-compete agreement must not violate Virginia public policy
  • A valid non-compete agreement must not place unfair geographical limitations on the worker

Also, a proper non-compete must be narrowly tailored to the kind of work that the employee conducted for the employer. In addition, under Virginia law, employers cannot enter into non-compete agreements with employees classified as “low wage” employees. Beginning in 2020, any employee making approximately $52,000 or less (this figure is subject to modification), under Va. Code § 40.1-28.7:8, cannot be subject to a non-compete agreement.  However, they may be subject to a non-solicitation provision or non-disclosure agreement. 

If you have any additional questions or concerns regarding the enforceability of a non-compete agreement, reach out to our firm today.

Is my non-compete agreement unfair?

While many non-compete agreements are enforceable, there are some instances where they can be classified as overbroad or unfair. If you believe that your non-compete agreement violates any of the above requirements, you should consider hiring the services of an experienced Chesterfield County employment agreement attorney that can evaluate your case and find the best solution for you. Give our firm a call today to discuss the details of your situation and your legal alternatives.


If you need help with an employment law matter in the state of Virginia, please contact Passero Employment Law today.

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