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. Even though the interests of an employer are important, Virginia courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Roanoke that are unreasonably large.
Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Roanoke, Virginia lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.
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Life in Roanoke
Roanoke is considered the tenth-largest city in Virginia, with an approximate population of 97,000 people. It is located specifically in southwest Virginia, near Salem, Botetourt, Craig, and Franklin.Top employers include Carilion Clinic, Wal-Mart, Anthem Blue Cross, and the school districts. The legal industry too has a presence via the attorney residents who practice law in small boutique firms or law offices. Thus, residents of Roanoke remain assured that their legal needs can be adequately handled.
Some nicknames of the city include "Star City," The Older Magic City," "Big Lick," and "Capital of the Blue Ridge."
Celebrity residents have included Tony Atlas, Tai Collins, Curtis Staples, John St. Clair, and J.J. Redick.
