Virginia

Enforceability of Non-Competition Agreements in Virginia

In general, non-competition agreements will be strictly construed against employers. These agreements must be as narrowly drafted as possible to protect the vital interests of the employer. If the agreement is too broad or vague, it is unlikely that a court will enforce the agreement.

When enforceability is challenged, Courts in Virginia will review the non-competition agreement from three different perspectives:

  1. From the standpoint of the employer, is the restraint reasonable?  Meaning, is the restraint no greater than necessary to protect the employer in some legitimate business interest?
  2. From the standpoint of the employee, is the restraint reasonable in the sense that it is not unduly harsh and oppressive in curtailing the employee’s legitimate efforts to earn a livelihood?
  3. From the standpoint of sound public policy, is the restraint reasonable?

Courts will also review terms such as geographical limitation, time limitation, and scope of the limitation to determine reasonableness, and therefore enforceability.  With so many variables in the mix, it’s no wonder many employers are unable to walk the fine line between enforceability and non-enforceability.

The case of Edward Jones’ $42 million in lost assets resulting from former employee Samuel Clyburn’s solicitation, showcases the serious consequences that can result for an employer if an employee breaches a non-solicitation agreement, or if a non-solicitation agreement is found to be unenforceable. Employers, particularly those in the financial sector, may wish to consider having their employment agreements reviewed to ensure the enforceability of similar non-solicitation provisions.

Our attorneys at General Counsel, P.C. have experience in walking the fine line of protecting a wide range of employer interests, while still remaining narrow enough to be enforceable.

Looking for more information about what services we can provide for your company? View our practice areas here.

THE RIGHT LAW FIRM FOR YOUR BUSINESS

Whether you are establishing a new business or you are a large corporation seeking outside counsel, we are well-positioned to meet the legal needs of your business.

People Are Talking

Our team of attorneys is dedicated to ensuring that your company stays on track to achieve its business objectives. We strive to build a partnership with you and your business, remaining on call as you grow your operation and are faced with new opportunities and new challenges.

  • I had less than 36 hours to find a lawyer for my case at work. I found Merritt Green through the internet. He quickly spoke to me about my problems and agreed to represent me on my case. Merritt Green and his associates were there for me through my whole case even when called at the last minute and even negotiated my return to work. I could not have asked for more help and support in a dire time.
    Marta Garcia
  • General Counsel has been instrumental in developing ground-breaking frameworks to help us build a robust national process.
    Bob Bowen, Senior Fellow, Forum for Youth Investment
  • As a government contractor (and growing business), I have relied on General Counsel, P.C. for over four years to be my legal partner and trusted advisor.
    Michael L. Daniels, CEO, Incisive Technology Inc.
  • General Counsel has performed as our corporate counsel since 2006 and we are absolutely delighted with the quality of service and expertise they bring to our company.
    Daniel Sanders, President and CEO Four Sales Ltd.
  • I always felt comfortable and apprised of the progress of my case. Merritt was a great choice for me as an attorney. I wouldn’t hesitate to recommend him or any other attorney from the General Counsel, P.C. firm.
    Dale Shepard
  • General Counsel, P.C. understands Small Business needs, they have become a strategic partner providing exceptional counsel in the dynamic and ever-changing world of government contracting. They are a great peace of mind.
    Thomas J. Davis, CEO / IT Coalition, Inc.
  • General Counsel has been our legal counsel since our start. I would have never thought it possible to have such a committed team looking out for our interests and anticipating our needs in so many areas. We value the relationship with General Counsel and their team.
    Sherry M. Bell, COO / Fundraising Initiatives, Inc.

WE ARE FEATURED IN PREMIER LEGAL DIRECTORIES

TOP