A non-compete agreement is an important tool that employers use to ensure their employees are not hurting their company once they leave. To learn more, continue reading and give our skilled Chesterfield County non-compete agreement attorney a call today. Here are some questions you may have:
WHAT IS THE OBJECTIVE OF A NON-COMPETE AGREEMENT?
A non-compete agreement is used between an employer and employee to stop an employee from employing trade secrets, business practices, and ideas developed throughout their time working at their place of employment to start their own business or join a competing institution in the same location.
In many cases, 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 the company to use at a similar competing company.
WHAT MAKES A NON-COMPETE VALID?
An enforceable non-compete agreement in Virginia must meet the below standards:
- 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
Furthermore, 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 further questions or concerns regarding the enforceability of a non-compete agreement, do not wait to reach out to our firm today.
IS MY NON-COMPETE AGREEMENT ENFORCEABLE?
Despite many non-compete agreements being enforceable, there are some examples where they can be classified as overbroad or unfair. If you think that your non-compete agreement violates any of the above requirements, you should think about hiring the services of an experienced Chesterfield County employment agreement attorney that can assess your case and find the best solution for you. Give our firm a call today to examine the details of your situation and your legal options.
CONTACT OUR VIRGINIA EMPLOYMENT ATTORNEY
If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.