What Is A Covenant Not To Compete In Virginia?
In Virginia, a covenant not to compete generally requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". Compensation may be paid for employees who sign the covenant, or at times the employment may be conditioned upon such an agreement.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. While employer's interest are significant, the courts of Virginia also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an excessively long period of time or if they cover an unreasonably large geographic area around Arlington.
Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Lastly, there must be a legitimate business interest which motivates the employer's mandating a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before signing anything that may restrict your rights, you may want to hire a Arlington, Virginia attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or may even draft a new one that is acceptable to both parties Attorneys can provide valuable counseling to employers who are considering suing an employer who breached a covenant not to compete. They can also assist employees who have signed an agreement limiting their employment options.
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Life in Arlington
Arlington is located in Arlington County, Virginia. It is located south of the Potomac River, across from Washington D.C. Per the 2010 census, Arlington's population had reached 207,627 people.Being so near Washington D.C., sites such as the Pentagon, the Department of Defense, and the White House are not too far away. Other landmarks in Arlington include the Arlington National Cemetery, the United States Air Force Memorial and the marine Corps War Memorial.
Top employers include the Virginia Hospital Center, US Airways, Lockheed Martin, BAE Systems, SRA International, SAIC, CACI, Boeing, Towers Watson, and Jacobs. Although the legal industry is not included, Washington D.C. is filled with many top-notch law firms that train attorneys from top law schools. Further, in Arlington itself, there are many small firms and law offices to tend to the legal needs of residents who do not want to travel to D.C.
All in all, Arlington offers a quaint atmosphere with a location central to the "big city attractions and advantages."
