Virginia Employee Nondisclosure Agreement

State:
Multi-State
Control #:
US-00502
Format:
Word; 
Rich Text
Instant download

Description

The employee may be receiving from the employer information of a non-public nature for use by the employee in connection with his or her employment. The employee receiving any information will keep such information confidential and agrees not to disclose such information, in whole or in part, to any person without the express consent of the employer, either during or after the employment of the employee has ended. In addition to its obligation of nondisclosure, the employee agrees that he or she will not, directly or indirectly, attempt to appropriate or otherwise take for its or other parties' benefit the business opportunity of employer or information learned either during or after the employment of employee is ended.
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FAQ

However, in Virginia, unlike many other states, employee non-compete and non-solicitation agreements are enforceable if the restrictions are reasonable in scope, necessary to protect an employer's legitimate business interests and are not against public policy.

This occurs when the provisions are too broad or include unlawful requests. For example, if you ask a staff member to launder money as part of their job responsibilities, the contract will be rendered null and void. A voidable contract, however, is legally sound in that all the provisions are fair and valid.

If you work in the Commonwealth of Virginia and have signed a contract with your employer containing a non-compete clause, you may face legal consequences if you violate that agreement. You should know how this can affect you in the event that you are terminated or decide to switch jobs.

In the area of law, for a contract to be legally enforceable, several requirements must be met, including an offer; acceptance of that offer; mutual understanding of the agreement; capacity to agree; an item or service; consideration in exchange for the item or service; and legality of the contract itself, including ...

To enforce a non-disclosure agreement, the employer seeking enforcement must demonstrate that the information at issue qualifies as trade secret or confidential information. The NDA should specify the exchange and type of confidential information that cannot be disclosed.

All employment in Virginia is at will unless there is a contract that establishes a term for the employment relationship.

Once the HB 1895 amendments become effective on July 1, 2023, the NDA Law will expand to include agreements that have ?the purpose or effect of concealing the details relating to a claim of sexual assault?or a claim of sexual harassment.? The NDA Law further provides that such agreements are ?void and unenforceable.? ...

An employment contract is an enforceable agreement between two parties that contains whatever terms and conditions of employment the parties agree upon and, when accepted, becomes controlling upon the employment relationship. The contract may be oral or written, express or implied (the latter terms are defined below).

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Virginia Employee Nondisclosure Agreement