Burke Non-Compete Agreement

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. 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 Burke that are unreasonably large.

Non-compete clauses are also limited in that they can only apply to competitors who are reasonably related to the industry of the employer. 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?

You may want to hire a Burke, Virginia lawyer to review the covenant before signing any agreements that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or 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 Burke

Burke, Virginia isa community in Fairfax County. Its population is nearly 60,000 people, as of the 2000 Census.

The area now known as Burke has been populated by humans since prehistory, but really began to come into its own as a town in the 1840s, when the construction of a railroad brought industry and jobs.

The railroad station, and the accompanying post offices and telegraph stations, proved strategically important during the American Civil War, with both sides fighting to control the town.

Modernly, like much of Fairfax County, Burke, Virginia is considered a suburb of Washington, D.C. After WWI, many employees of the federal government began to move to Burke, because the Capital was easily accessible, thanks to the railroad.

Burke, Virginia is served by several public transportation options that connect it to Washington, D.C., as well as major federal facilities in the surrounding area, such as the Pentagon.

Given the large number of government employees who live in Burke, as well as its residential character, it shouldn't be a surprise that there are plenty of Burke, Virginia lawyers who can handle a legal issue that the average person is likely to face.

Whatever legal matter you're facing, or think you might have to face soon, it's an excellent idea to, at the very least, speak with a Burke, Virginia lawyer.

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When are Covenants not to Compete Unenforceable?