What to Know About Non-Compete Agreements in Virginia

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It is common for employers to require their employees to sign a non-compete agreement. Continue reading to learn more about non-compete agreements and how our firm can help you review a non-compete agreement, protect your rights, or draft a non-compete for you. Reach out to our experienced Midlothian employment attorney to discover how we can assist you with your employment law matters relating to a non-compete agreement.

What is a Non-Compete Agreement?

A non-compete agreement is a contract between an employer and an employee. This contract is used to prevent an employee from using trade secrets, business practices, and ideas gained through their place of employment to start their own business or join a competing organization in the same field.

A non-compete agreement is typically used by employers, because it can potentially hurt their business if an employee were to take valuable information that they acquired from their company to apply to another directly competing company. This holds true if the employee left and started a competing company of their own.

What does a non-compete agreement require to be valid?

There are a few qualifications that must be met for a non-compete agreement to be valid in Virginia. In order for a non-compete agreement to be enforceable in the eyes of Virginia law, it must meet the following criteria:

  • A valid non-compete agreement must not violate Virginia public policy
  • A valid non-compete agreement must not place an unfair time limitation on the worker
  • A valid non-compete agreement must not place unfair geographical limitations on the worker
  • In addition, a valid non-compete must be narrowly tailored to the type of work that the employee performed for the employer.
  • Last, under Virginia law, it is against the law for employers to require employees classified as making lower wages to enter into a non-compete agreement. Under § 40.1-28.7:8, as of 2020, this rule applied to any employee making approximately $52,000 or less.

To simplify the above qualifications, a non-compete agreement must be no broader than is necessary to protect the employer’s business interest under Virginia law.

It is, unfortunately, true that some non-compete agreements can be overbroad or unfair. If you believe that your non-compete agreement violates any of the above requirements, it is important that you retain the services of an experienced Midlothian employment attorney who will work to resolve the issue at hand and fight to support your rights in Virginia.

Contact our firm to learn more about our services and how we can assist you with your non-compete agreement. Please do not hesitate to reach out to Passero Employment Law.

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At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. If you need help with an employment law matter in the Commonwealth of Virginia, you can count on Passero Employment Law to effectively represent your interests. To discuss your case, do not hesitate to contact Passero Employment Law today.

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