Employers often use non-compete obligations to ensure that these individuals, when they share trade secrets, ideas and business practices with their employees, partners and contractors, do not use this information to start their own business or get a new job, but you may be subject to a non-compete agreement, even if you do not have access to trade secrets. Because of this restriction on workers` rights, Virginia courts do not want to enforce non-compete agreements. However, they will do so as long as employers follow certain rules and respect concepts of fairness. We will discuss the most important rules and concepts below. If you have a non-compete clause or employment contract, severance pay or confidentiality agreement, you do not sign until you have thought about what that means. At least read it and ask questions. As mentioned above, the agreement was written for your employer by a lawyer. It is worth talking to a lawyer to read the contract in advance and declare the agreement before signing. A non-compete agreement is a clause in a contract stipulating that a party (usually a worker) undertakes not to undertake a similar profession or trade in competition with another party (usually the employer).
An NCC is bound by traditional contractual requirements and can therefore be maintained in court. An agreement on an employee`s non-compete agreements may prevent an employee from pursuing other options beyond his or her current position. It is important to know your rights to an NCC. The law also allows a low-wage worker to bring a civil action “against any former employer or person who attempts to impose a confederation, not to compete against that worker in violation of that section.” In this case, “the court is responsible for cancelling any contract, not competing with a low-wage employee and ordering all reasonable facilities, including the exercise of the conduct of a person or employer, the order to pay liquidated damages and the award of compensation, damages and legal fees.” Later in the text, the law makes it mandatory to pay reasonable legal fees and fees – including expert fees – against “a former employer or any other person who attempts to enforce a contract, not to compete with such a complainant.” Like many other states that impose non-competition bans, Virginia will impose only those it deems appropriate. To decide whether a non-compete agreement is appropriate, Virginia courts will consider three main factors: whether you are employed in Virginia and (1) have signed a no-compete agreement or (2) consider signing an agreement to avoid competition, you should have the advice of a qualified lawyer. The law firm Erlich has extensive experience in assisting clients in employment contracts. As always, contact one of our lawyers at (703) 791-9087 or email us for a consultation.