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Virginia Non-Compete Agreements


  • Are you a Virginia employee contemplating leaving your current employer, but are concerned that you might have a non-compete agreement that will affect your being able to find work and earn a livelihood? 
  • Are you a Virginia employer that is facing a potential lawsuit and demand for money amid accusations that you hired an employee that had a non-compete agreement with their previous employer?  

These are real life problems that affect employees at all levels and employers from businesses of all sizes.  If you find yourself with a non-compete issue, we are here to help, but you must move quickly to minimize any harm and protect your interests.  Our attorneys at the Law Offices of Richard J. Serpe, PC are experienced in representing employers and employees in issues regarding non-compete agreements.  We can review the non-compete agreement and considering the facts of your case and the law, advise you of your best course of action regarding the non-compete agreement.  We are also experienced litigators and will apply our expertise in litigation to effectively and aggressively defend you in any litigation matter that may arise regarding your non-compete agreement.

Covenant Not to Compete (Non-Compete Agreement)
In Virginia, a covenant not to compete (non-compete agreement) is a written agreement that an employee signs agreeing not to go to work for a competitor when they stop working with their current employer.  There are several factors that a court will look to when determining the enforceability of a non-compete agreement, but generally, a non-compete agreement must be reasonable.  Virginia law does not look favorably on non-compete agreements that impose unreasonable restrictions on an employee’s ability to work and earn a living.  Virginia law requires that the employer who is trying to enforce the non-compete agreement prove that the non-compete agreement is reasonable considering the facts of the case.  



More specifically, in considering the reasonableness of the non-compete agreement, courts in Virginia look to such factors as:

  • limitations in geographical area
  • length of restriction
  • business interest of employer
  • employee’s role in company
  • nature of restriction
  • impact restriction will have on public


News

If you would like for us to help you resolve your non-compete issue, give us a call today.  We are ready to put our expertise to work reviewing your employment contract before it is signed or advise you on a non-compete agreement you have already signed.  We are also ready to represent and work with you in any non-compete litigation you may have to obtain the best result for you.

Law Offices of Richard J. Serpe, PC
Toll Free: 877-544-5323
Local: 757-233-0009
Or E-mail Us

 

 

Employment Law Blog
A class action lawsuit was filed in a California federal court accusing Wal-Mart, Inc. of discriminating against women because of their gender. November 23, 2011 [Read More]
VA Supreme Court Finds Non-Compete Over Broad and Unenforceable
On November 4, 2011, the Virginia Supreme Court, in the case of Home Paramount Pest Control v. Justin Shaffer, ruled in favor of a former employee stating the non-compete agreement to be overly board and unenforceable. November 17, 2011 [Read More]
Micheal Costa Golf Course Accident - VideoWorker Killed in Accident at Chesapeake Golf Course
Michael Costa of Camden, N.C., was identified as the man killed in the fatal accident at the Cahoon Plantation Golf Course in Chesapeake. Authorities say he was crushed by a lawn sprayer. August 2, 2011 [Read More]
Last week Best Buy, the largest US Electronics retailer, settled an employee discrimination lawsuit. Nine current/former employees and one job applicant are to split $200,000 and $10 million is to go towards legal fees and costs.  June 28, 2011 [Read More]
Alex Johnson, a customer service associate at a Fairfax County Lowe's, decided to run up behind a regular of the store to give him a bear hug causing both individuals to fall against metal shelving in the store. The fall caused the customer to sustain a compressed spinal cord injury. June 08, 2011 [Read More]

A class action lawsuit claiming gender discrimination was filed against one of the "Big Four" accounting firms KPMG for $350 million. Women make up just about half of the employees at KPMG, however they seem to be missing from top management positions. The lawsuit was filed by a former female Senior Manager Donna Kassman. June 07, 2011 [Read More]
Class Action Lawsuit filed by Hard Rock Café Employees on a Claim for Minimum Wages
Several employees of the Hard Rock Café at Universal Studios in Orlando, FL filed a class action lawsuit against the company for its alleged failure to pay minimum wages as required under Florida law.  March 4, 2011 [Read More]

U.S. Workplace Discrimination Complaints at Record High in 2010
Many workers across the U.S. who were fired last year are claiming that they were discriminated against in losing their job.  According to a report from the Virginian-Pilot, nearly 100,000 discrimination complaints were made to the U.S. Equal Employment Opportunity Commission (EEOC) last year. February 4, 2011 [Read More]

HR Manager for Toshiba Files Gender Discrimination Class Action Suit
Elaine Cyphers, the Human Resources Manager of Toshiba America Nuclear Energy (TANE) Corporation, recently filed a class action lawsuit in New York alleging gender discrimination against herself and other female employees of TANE and its parent corporation, Toshiba America, Inc. February 4, 2011 [Read More]