Are Non-Competes or Restrictive Covenants Enforceable in Virginia?

While the Supreme Court of Virginia dislikes non-compete agreements, many state circuit courts and federal district courts have found employment agreements containing non-compete language to be enforceable, while other such agreements have been rejected. Essentially, whether the covenant not-to-compete is enforceable is a question of the law, although disputed facts could trigger a jury dispute. Read more from a non-compete agreements lawyer in Northern Virginia.

Non-compete Agreements

Whether a non-compete agreement will be enforceable against you is an issue that will need to be decided by the court. These decisions are made on a case-by-case basis since each situation is unique. However, there are some main factors that guide the court’s analysis.

First, is the agreement a valid contract? If the contract is valid, is it reasonable? If it is valid and reasonable, has the employee breached the contract? If so, has he/she caused any damages?

Restrictive Covenants

Restrictive covenants are disfavored restraints on trade. Virginia law holds that non-compete clauses must be strictly construed against the employer. Ambiguous contract language will be read by the court against the employer, not the employee.

[Related: Employment Discrimination Virginia]

Is it Enforceable?

Essentially, each agreement needs to be reviewed individually. If reasonable, courts will enforce the agreement. The court will review the geographic scope, function, and duration of the non-compete agreement to decide whether the contract is enforceable. When enforcing a non-compete agreement, the court balances the employee’s right to secure gainful employment against the former employer’s legitimate business interests.

Should I Sign a Non-Compete Agreement?

If you are asked to sign a non-compete agreement it is important to read the contract thoroughly. Ready every word until you are certain you understand the terms of the agreement. If you don’t understand something, ask questions.

Furthermore, you may wish to speak to an attorney about your contract. Have them review the contract and discuss any legal issues contained in the agreement. This may save you a lot of time and money in the future.

Moreover, consider negotiating. Ask your employer to discuss the terms of the contract. Your employer may be open to altering the terms of the agreement.

And if you leave your employment and you have a non-compete, consider trying to negotiate changes. Employers know these agreements are often struck down by the courts, so they may be willing to negotiate narrowing the restrictions in order to have an enforceable agreement.

Non-compete Agreements Lawyer in Northern Virginia

In conclusion, if you are being asked to sign a non-compete agreement, employment contract, severance package, or confidentiality agreement, it’s best to speak to your attorney before signing anything. Contact Cook, Craig, & Francuzenko  to learn more.