- 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
- Virginia Supreme Court Rules in Favor of Employee
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
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