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What is a 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.

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