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?
Foreseeing whether or not a judge will uphold a covenant not to compete is generally difficult. Although the interests of employers are important, courts in Virginia also give priority to an employee's freedom to choose the type of employment that they desire. As a result, courts usually uphold only those covenants that are consider to be reasonable according to the circumstances. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Lynchburg that are unreasonably large.
Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a rational way to the employer's industry. Finally, the covenant not to compete must have a legitimate business purpose which is behind the employer's motivation for requiring the agreement.
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 Lynchburg, 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 When it comes to suing an employee for breach of a non-compete clause, an attorney can give valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
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Life in Lynchburg
Lynchburg is part of the Commonwealth of Virginia with an approximate population of 75,600 people. It is located near the Blue Ridge Mountains and James River. Popular nicknames include the "City of Seven Hills" and "The Hill City."Popular sites of the city include Poplar Forest, Amazement Square, the Lynchburg Museum, Point of Honor, Miller-Clayton House, Peaks of Otter, Blue Ridge Parkway, James River Heritage Trail and Nature Zone.
Lynchburg is home to many practicing, competent attorneys who practice in practically all areas of law. Therefore, residents do not have to travel far to have their legal needs taken care of.
Famous residents include Luke Jordan, Cedric Peerman, Faith Prince, Charlie Thomas, Skeet Ulrich, Phil Vassar, George H. Walker, Randall Wallace, and Robert E. Withers.
