Virginia Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Virginia)
- Avg cost to review an Employment Contract: $450.00
- Lawyers available: 48 Virginia employment lawyers
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What is a Virginia Employment Contract?
A Virginia employment contract is a type of contract entered into by employers and employees that details the terms and conditions surrounding employment. Important issues that are covered and negotiated in an employment contract include:
- Job title
- Job duties
- Working hours
- Salary
- Benefits
- Time off and vacation time
- Company policies
- Reasons for termination
- Non-compete clause
- Non-disclosure clause
- Confidentiality clauses
It is most common for employers to draft an employment contract when hiring a highly paid or uniquely skilled worker. However, these agreements are also useful when hiring regular employees, contractors, consultants, and freelance workers.
Virginia is one of the many states that follows the “at will” employment doctrine. Under these laws, employers have the right to fire employees without a reason and without notice. The only firing restriction is the public policy exception which states that an employer cannot fire an employee if it involves an employee’s compliance with state policy.
A valid and legally enforceable employment contract will override the “at will” employment law and classify an employee as a “contracted employee”. This will grant the employee certain rights and protections in accordance with terms in the contract.
Are Employment Contracts Enforceable in Virginia?
Yes. Employment contracts are enforceable in Virginia as long as they abide by all applicable contract laws. Laws governing contracts require that an enforceable contract have an offer, acceptance, and consideration. The contract must be entered into voluntarily by competent parties and cannot violate criminal statutes or public policy.
Restrictive employment contracts like non-compete agreements are also enforceable in Virginia as long as they meet certain requirements as described in the Code of Virginia about protection of employees.
Some of these restrictions include:
- The non-compete agreement cannot have restrictions greater than necessary to protect employer’s business interests
- The agreement cannot be excessively severe or oppressive in restricting an employee’s ability to find work
- The agreement cannot violate Virginia public policy
In 2020, a new Virginia law banned non-compete agreements completely for low wage employees. Low wage is any worker who’s weekly earning is less than the average weekly wage in Virginia.
What Are the Legal Requirements for a Virginia Employment Contract?
Employment contracts in Virginia can be written or verbal and there is no required formant for the contract. Due to the lenient legal requirements for employment contracts, employers should cautious when corresponding with employees or making promises. An informal conversation or even text message could create a binding employment contract even if the employer did not mean to create an agreement.
Employment handbooks and manuals can also create a contractual relationship and override “at will” employment law. Employers should avoid including promises in their manuals or any language that refers to the employee as “permanent”.
Types of Virginia Employment Contracts
There are several types of employment contracts used in Virginia including:
- Permanent employment. An indefinite contract where an employee is hired to work for a company until the employee no longer wishes to work or the employee is terminated in accordance with the contract provisions.
- Fixed term employment contract. A contract that has an agreed upon start date and end date. The end date can be the completion of the task or project laid out in the contract.
- Independent Contractor agreement. Used for contractors and freelancers who are hired by an employer but are not employees of the company.
- Confidentiality agreement. Sometimes called a non-disclosure agreement, this restrictive covenant prevents the employee from releasing valuable information about the business.
- Non-compete agreement. Protects the employer by limiting the employee from working for competitors or creating a competing business within a certain number of years or within a certain geographic boundary. This clause must follow certain legal requirements to be enforceable.
Frequently Asked Questions
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Meet some of our Virginia Employment Contract Lawyers
Michelle T.
I am an experienced, well-rounded attorney with a background specializing in trusts and estates, contracts and business law. I have extensive experience working with simple contracts all the way up to multi-million dollar deals.
"Michelle drafted an excellent and unique Post Nuptial agreement which outlines a very specific "process" that will be used to divide assets in the event of divorce. Since assets can change value daily, traditional "splitting an asset list" methods are often outdated within a week of signing. Michelle rose to the challenge at a very reasonable price. Other, "meter man" attorneys would have charged at least 5x more. I highly recommend Michelle!"
October 20, 2023
Corey H.
Veritas Global Law, PLLC ("Veritas") is a law firm specializing in Life Sciences, Private Equity, M&A, technology transactions and general corporate law. Veritas frequently represents clients seeking cost a cost efficient, on-demand, general counsel in a variety of general corporate law matters, and a range of contracts including NDAs, MSAs, Software as a Service (Saas) agreements. Veritas also represents U.S. and non-U.S. private investment fund GPs and LPs across a broad range of activities with a particular emphasis on private equity, venture capital, secondary funds, distressed funds and funds of funds. Mr. Harris received his LL.M. from the University of California, Berkeley, Boalt Hall School of Law and served as an articles editor of the Berkeley Business Law Journal and was an active member of the Berkeley Center for Law Business and the Economy. Additionally, Mr. Harris also holds a J.D. from Boston College Law School, a M.B.A. from the Boston College Carroll School of Management, a B.A. from Hampton University in Political Science with a minor in Economics and Spanish and a certificate in financial valuation from the University of Oxford, Saïd Business School.
May 8, 2024
Jazmin M.
Hi, I'm Jazmin M. Allen, Esq., your local, 757 Hampton Roads Business Lawyer & Brand Publicist. I am on a mission to help entrepreneurs and new business owners form their business entities, develop their business plans, market their brands, and protect their billion-dollar ideas.
May 21, 2024
Jason J.
Experiences corporate and general counsel. Particular expertise in all contract matters
June 5, 2024
Robert C.
A highly motivated, dedicated attorney (and military veteran) with proven experience in executive corporate leadership, legal risk mitigation, litigation, and legal department management. Skilled in collaborating with all members of the organization to achieve business and financial objectives with high-profile corporations. Instrumental in streamlining and improving processes, enhancing productivity, and implementing sound legal and business solutions.
October 26, 2024
Nathan K.
Corporate attorney with extensive experience managing the legal affairs for start-up, small, mid-size, and private equity backed companies. Highly skilled at drafting, negotiating, interpreting and closing contracts and transactions of all types. Have earned a reputation as being practical, down-to-earth, and possessing a keen ability to synthesize complicated legal issues and communicate to clients in a relatable and easily understandable fashion. My background includes working for the Chief Judge of the Virginia Court of Appeals, at private law firms, and, since 2019, serving as the General Counsel for multiple start-up, closely-held, and private equity backed companies within the energy, construction, and franchising industries.
May 17, 2025
Christi H.
I have been practicing law in Virginia for 20 years. I have acted as general counsel for many companies in the following fields: petroleum transport industry, churches, dentist, daycare facilities, and other small businesses. I have extensive knowledge on real estate for both residential and commercial closings for all sides of the transaction including the buyer's, seller's and lender's side.
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Employment
Employment Contract
Florida
Do I have to provide my employees with a paycheck stub?
We find employee pay stubs laying around in the warehouse and left in company vehicles
Diane D.
Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).
Employment
Employment Contract
New York
What should be included in my employment contract?
I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.
Donya G.
Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon
Employment
Employment Contract
California
What's intellectual property in an employment contract?
I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.
Russell M.
Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.
Employment
Employment Contract
Georgia
Can a company withhold a performance bonus if I leave before the payout date?
I recently resigned from my job, and in my employment contract, there was a provision for a performance bonus to be paid out at the end of the year. However, the payout date is a few months away, and I am concerned that the company may try to withhold the bonus since I am no longer employed with them. I want to know if they have the legal right to do so, or if I am still entitled to receive the bonus based on my performance during my time of employment.
Jerome L.
This is a great—and very common—question. Whether the company can legally withhold your performance bonus after resignation depends heavily on how your employment agreement is written and how the bonus is classified. Key Factors to Consider: 1. Is the Bonus Discretionary or Earned? If your contract defines the bonus as discretionary, the employer generally has the right to decide whether to pay it and can condition it on continued employment. If the bonus is based on meeting specific performance goals or metrics, and those have been satisfied, it may be considered earned—even if the payment date is in the future. 2. Does the Contract Require You to Be Employed on the Payout Date? Many agreements include language stating the employee must be actively employed on the bonus payout date. If such a clause exists, the company may be within its rights to withhold the bonus, even if the performance was completed. 3. What Is the Bonus Period? If your bonus was based on a performance period that has already ended (such as a calendar or fiscal year), and you met your goals, you may have a stronger case for claiming the bonus as earned compensation. Georgia-Specific Note: In Georgia, employment is at-will, and courts generally uphold the terms of a written employment agreement. However, Georgia courts have also recognized that earned wages (which can include bonuses if not discretionary) must be paid. If the bonus is performance-based and the company has paid similar bonuses under the same conditions in the past, you may have grounds to assert that the payment is owed. What You Can Do: Review your employment agreement and any bonus policy documents closely. Look for phrases like “discretionary,” “earned,” and “must be employed on the payout date.” If the language is unclear, you may want to consult an attorney to evaluate whether the company is legally permitted to withhold the bonus—or if you may have a claim based on how the bonus was structured and earned. If you would like help reviewing your agreement, I’d be happy to assist.
Employment
Employment Contract
North Carolina
What's position hierarchy in an employment contract?
I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.
N'kia N.
Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.
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