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.
See Employment Contract by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Meet some of our Virginia Employment Contract Lawyers
Pia M.
Pia is returning to private practice after spending the majority of the last five years in public service as a prosecutor, handling major and violent crimes for the Office of the Commonwealth’s Attorney for Arlington County and the City of Falls Church. She is committed to serving the community through effective legal advocacy, having spent her early career doing indigent defense work and family law. Pia attended Northwestern University where she obtained a Bachelor of Arts in Psychology. After finishing college, Pia returned home to Virginia and obtained her Juris Doctorate from the Marshall-Wythe School of Law at the College of William and Mary in 2007.
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.
July 23, 2023
John W.
I am a business lawyer with 30+ years of experience, with a specialization in the life sciences industry. I have been general counsel at 5 different companies - both large and growing, as well as small and emerging. I have built legal teams and have extensive experience with Boards of Directors.
August 4, 2023
Rocco D.
I'm in general practice with an emphasis on real estate, litigation, and contracts
August 14, 2023
Jacob W.
Background in Engineering, Masters in Business, Licensed Patent Attorney. Reviewed countless title reports, and land contracts. If you have a problem with Real Estate I can solve it.
November 21, 2023
Robert N.
I'm an experienced practitioner with a diverse practice which includes civil and criminal litigation in state and federal court, personal injury, immigration, breach of contract, and entertainment law.
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.
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Employment Contract
Florida
What's vacation time in an employment contract?
I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.
Diane D.
You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.
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
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.
Employment
Employment Contract
Florida
What's probationary period in an employment contract?
I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.
Diane D.
A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.
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).
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Employment Contract Drafting
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Employment Contract Drafting
Location: New York
Turnaround: Less than a week
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