Virginia Law Non Compete Agreement
The longer the time and the longer the period and geographic area subject to a non-competition clause, the more likely a court is to apply the non-competition agreement. And if part of the non-competition agreement is confused, the court will interpret that it is assisting the former employee and harming the employer. 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.” As a general rule, a job offer or cash payment that depends on the signing of a non-compete agreement is most likely a sufficient consideration. However, Virginia courts are not sure that a promise to maintain employment is sufficiently taken into account. Virginia is unusual in the extent of uncertainty about what constitutes sufficient reflection to impose a non-compete clause. 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. Too often, potential workers do not scrutinize NPAs that are part of their employment contract with their employer. All too often this is the result of wishful thinking, as NCAs only take effect when a person leaves their job. Workers who have signed up for employment on their electoral territory are often appeased either by their employer or by their own thinking and think that they will be with that employer forever. But when the relationship gets angry, the NCCs become a huge problem. Financial relief may include legal fees, loss of profits and liquidated damages (these are pre-defined damages defined in the non-competition agreement, but not all non-competition agreements will have a liquidation clause). Because restrictive agreements are trade restrictions, Virginia law also provides that competition bans must be interpreted strictly against the employer. If the language of the contract is ambiguous, the language is read by the court against the employer and not against the worker.