Is my non-compete invalid because Virginia is a right-to-work state?

It is a common misconception that Virginia being a “right-to-work state” invalidates non-compete agreements. A Virginia court, however, will not strike down an otherwise enforceable, valid non-compete contract merely because Virginia has right-to-work laws. Right-to-work laws allow employees to work for an employer without having to join or pay dues to a labor union. In other words, Virginia is an “open shop” state.

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