How enforceable is a non-compete in Virginia?

In Virginia, non-compete and non-solicitation agreements are enforceable only if they are narrowly drawn to protect the employer's legitimate business interests, are not unduly burdensome on the employee's ability to earn a living, and are not against public policy.

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Competition Noncompetition For 2023 In Fairfax

Category:

Employment - Agreements - Confidentiality

State:

Multi-State

County:

Fairfax

Control #:

US-00046

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The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.

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(c) Employee name agrees not to set up in business as a direct competitor of company name within a radius of number miles of company name and location for a period of number and measure of time (e.g., “four months” or “10 years”) following the expiration or termination of this agreement.

Virginia courts have upheld employment non-competes up to 2 years post-employment. If a non-compete is included in a business sale, it can be enforceable for a longer period, up to 5 years. If an employer's non-compete is for longer than 2 years, unless it is for the sale of a business, it will be held unenforceable.

On Jan. 16, 2024, the Virginia Department of Labor and Industry announced that the average weekly wage for 2024 would be $1,410. As a result, employers are now prohibited from entering, enforcing or threatening to enforce a non-compete agreement with an employee who earns less than $73,320 per year.

Now that the FTC is permanently enjoined from enforcing the rule, (unless and until a successful FTC appeal), non-competes return to the status quo and are legal and enforceable on the same terms as they were before the FTC passed the non-compete rule.

Virginia courts have upheld employment non-competes up to 2 years post-employment. If a non-compete is included in a business sale, it can be enforceable for a longer period, up to 5 years.

In Virginia, non-compete and non-solicitation agreements are enforceable only if they are narrowly drawn to protect the employer's legitimate business interests, are not unduly burdensome on the employee's ability to earn a living, and are not against public policy.

The Federal Trade Commission (FTC) announced on April 23, 2024, that non-compete agreements will be banned across the U.S. for most workers. This new rule will start in August 2024, 120 days after the FTC announced it.

Chapter 2 – How to Beat Your Virginia Non-Compete Get a copy of the agreement. Have an attorney review the agreement. Don't plan your new business at work! ... Do not advertise your new business until you know your non-compete agreement is not an issue. Be Honest. Seek legal action to determine validity of the agreement.

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Virginia has enacted a ban on non-compete agreements for "low-wage employees. " If that applies to you, your non-competition agreement may be invalid.Noncompete agreements will be banned across the US for most workers. This new rule will start in August 2024, 120 days after the FTC announced it. Fairfax contract disputes lawyer explains how to get out of non-compete contracts in Virginia. Call (703) 865-6100 to schedule a consultation. Contact our office today to learn more. No employer shall enter into, enforce, or threaten to enforce a covenant not to compete with any low-wage employee. The Federal Trade Commission (FTC) finalized a neartotal ban on noncompete agreements that could have a significant impact on the financial services industry. As a General Statement, NonCompete Agreements may be Valid in Virginia if Narrowly Tailored to Prevent Direct Competition.

Competition Noncompetition For 2023 In Fairfax

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