Quick Facts — Employment Contract Lawyers (Virginia)

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:

  1. The non-compete agreement cannot have restrictions greater than necessary to protect employer’s business interests
  2. The agreement cannot be excessively severe or oppressive in restricting an employee’s ability to find work
  3. 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

How do I hire a lawyer to draft an employment contract in Virginia?
How much does it cost to hire a lawyer to draft an employment contract in Virginia?
How much does it cost to hire a lawyer to review an employment contract in Virginia?

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Rebecca S. on ContractsCounsel
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Rebecca S.

Attorney/Owner
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San Diego, CA
15 Yrs Experience
Licensed in VA CA, DC
New England School of Law

I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.

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Michael T.

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I have been in practice since 1990 and practice in D.C., Maryland, and Virginia. I am an experienced litigator and look forward to resolving your legal questions as efficiently as possible.

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Anita P.

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I specialize in assisting families and individuals with their end-of-life and incapacity planning needs, utilizing Wills, Trusts, and a range of other services.

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Tina R.

contracts lawyer and websites
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15 years for legal experience; expertise in contracts, healthcare, ERISA, physicians, financial services, commercial contracts, employment agreements, etc. I am adept at all contracts and can provide you with efficient and quality services. I have worked at a law firm, financial services company, consulting ,and non-profit.

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Charlotte L.

Self-Employed Legal Consultant
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Arlington, VA
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Licensed in VA DC
University of Virginia School of Law

I hold a B.S. in Accounting and a B.A. in Philosophy from Virginia Tech (2009). I received my J.D. from the University of Virginia School of Law in 2012. I am an associate member of the Virginia Bar and an active member of the DC bar. Currently, I am working as a self-employed legal consultant and attorney. Primarily my clients are start-up companies for which I perform various types of legal work, including negotiating and drafting settlement, preparing operating agreements and partnership agreements, assisting in moving companies to incorporate in new states and setting up companies to become registered in a state, assisting with employment matters, drafting non-disclosure agreements, assisting with private placement offerings, and researching issues on intellectual property, local regulations, privacy laws, corporate governance, and many other facets of the law, as the need arises. I have previously practiced as an attorney at a small DC securities law firm and worked at Deloitte Financial Advisory Services LLC. My work experience is dynamic and includes many short-term and long term experience that span across areas such as maintaining my own blog, freelance writing, and dog walking. My diverse background has provided me with a stong skill set that can be easily adapted for new areas of work and indicates my ability to quickly learn for a wide array of clients.

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Ohio

Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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Employment

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Massachusetts

Asked on Apr 12, 2023

What's paid time off in an employment contract?

I am a recent college graduate and I am in the process of negotiating an employment contract with a large company. I am trying to make sure I understand the terms of the contract, including the paid time off that is offered. I am hoping to get a better understanding of what's included in the paid time off section of the contract so I can make an informed decision about the offer.

Joseph M.

Answered May 12, 2023

Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.

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Employment

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Asked on Apr 19, 2023

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.

Answered May 10, 2023

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.

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Asked on Apr 12, 2023

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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.

Answered May 10, 2023

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.

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Asked on Feb 23, 2023

Do I have to provide my employees with a paycheck stub?

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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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Donya was great to work with. She was very insightful and Identified considerations in my employment agreement I had not considered. I would work with her again in the future.

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