Are non-compete laws enforceable in Virginia?

By Rob Dean on Jan 19, 2015

Yes, non-compete laws are enforceable in Virginia.

Many employers regularly require key employees to sign non-compete contracts. Virginia law allows it.

But not every non-compete contract is enforceable.

Under Virginia law, a non-compete must be reasonably limited in duration, function, and geographic scope. Otherwise, if it is overbroad, then it is likely unenforceable and invalid.

A contract that prohibits the employee from working in an identical position for a competitor in a 15-mile radius for one year? Probably enforceable. But a contract that prohibits the employee from working in any capacity in a particular industry throughout the world for five years? Probably not enforceable.

An experienced non-compete lawyer can evaluate whether a contract will be enforced.

In Virginia, the law of non-compete contracts is constantly evolving, especially in the past five years. A quick example. In 1989, the Supreme Court of Virginia upheld a non-compete at a pest control company. In 2011, the same contract was struck down. Why? The Court has changed its approach to permissible scope.

If you are an employer, every contract drafted prior to 2011 should be reviewed and updated. If you are an employee, check with a lawyer before you sign, or before you move on to a new opportunity.

——-

Need a referral? For information about finding a deportation lawyer in Virginia, an immigration lawyer in Roanoke, Virginia, or an attorney to handle any other matter, contact the Virginia State Bar Lawyer Referral Service.