Non-competitive agreements include both non-competition and non-appeal agreements between companies and their employees or contractors. Non-competition clauses (or „non-competition clauses“) generally limit a former employee`s ability to join a competitor for a specified period after the former employer`s departure, and the non-compete provisions (often considered a non-compete clause) limit a former employee to solicit the activity from the former employer`s clients or to ask the former employer`s employees to leave the company and join a competitor. In Virginia, both workers and employers must turn to an experienced lawyer without competition, as there is no „one size fits all“ for applicability. A non-competition agreement may be appropriate (and therefore applicable) in one context, but inappropriate in another. The investigation is factual and each situation is different. In order to maximize the likelihood of applicability, employers should consult a lawyer to have a non-compete agreement tailored to their business. The company will also need a lawyer to enforce the agreement to a former employee who may have to be recalled to its obligations or for whom an injunction is required. If you are an employee who wishes to join a competitor, you need to know if your non-competition clause is applicable and you may be able to apply for immediate clearance in court. In both cases, BerlikLaw founder Lee Berlik knows how to place non-compete clauses for maximum benefit. Like many other states that impose non-competition bans, Virginia will impose only those it deems appropriate.
To determine whether a non-compete agreement is appropriate, Virginia courts will consider three main factors: non-competition prohibitions are not suitable for everyone. They should only be used for key personnel. B, sales management staff, executives, administrators, marketing managers and other employees involved in critical aspects of the company`s business. Non-recruitment agreements, which protect customers and/or employees of a company from being robbed by former employees, are also a useful tool and are generally more easily applied. Please contact Garth Wainman to ask if non-competition bans and/or non-invitations are appropriate for your business. We are pleased to verify compliance with the laws in your existing agreements. Under Virginia law, non-competition prohibitions are applicable if they are narrow to protect a legitimate business interest and are not unduly penalizing the worker`s ability to earn a living and not against public order. The burden of proof rests with the employer who wants to enforce the agreement to prove that it is appropriate.
Similar considerations apply to temporal and geographic components. If an employer has never worked in a neighbouring state, it will be difficult to justify a confederation that prevents a worker from working in that state.