Portsmouth Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Portsmouth, VA

In Virginia, a covenant not to compete typically 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 typically 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. 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 Portsmouth.

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. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

A Portsmouth, Virginia lawyer can help you review the covenant before you sign any agreements 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. A lawyer can also render useful advice for employers who are considering suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.

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Life in Portsmouth

Portsmouth, Virginia is an independent city (meaning it is not part of any county) in the Hampton Roads metropolitan area of Virginia. Its population is about 95,000 people.

Portsmouth is home to the Norfolk Naval Shipyard, a historic and still-active shipbuilding facility for the United States Navy. It was given the name "Norfolk" to avoid confusing it with the Naval shipyard that already existed in Portsmouth, New Hampshire.

This shipyard employs thousands of people, and is one of the major economic drivers of Portsmouth, Virginia. The shipyard, and the associated military installations nearby, employ several Portsmouth, Virginia attorneys, both as military officers and civilians.

Because of its varied industries and large military presence, there are many lawyers in Portsmouth, Virginia practicing a wide variety of legal specialties. If you need legal advice, chances are good that you can find a Portsmouth, Virginia attorney who can help.

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