Virginia Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $550.00
- Avg cost to review a Non-Compete Agreement: $350.00
- Lawyers available: 224 employment lawyers
- Clients helped: 283 recent noncompete agreement projects
- Avg lawyer rating: 5.0 (71 reviews)
Is a Non-Compete Agreement Enforceable in Virginia?
Yes. In Virginia, non-compete agreements can be used by employers to protect their business from former employees under certain conditions. Under Virginia law, non-compete agreements cannot be enforced against the following types of employees:
- Low wage employees
- Attorneys
- Interns
- Students
- Apprentices
- Paid trainees
A low wage employee is any employee who makes less than the average weekly wage of the Commonwealth. This number is set by the Virginia Employment Commission and changes based upon industry and inflation.
How Long Does a Virginia Non-Compete Agreement Last?
Virginia doesn’t have a set duration for non-compete agreements. When determining if the duration of a non-compete agreement is reasonable, courts will look at the function of the agreement and the covered geographic area.
For example, a court ruled that a non-compete with a one-mile radius and a three year duration was reasonable. Another court ruled that a non-compete with a 60-mile radius and a one-year duration was reasonable.
How Do You Get Around a Non-Compete Agreement in Virginia?
If an employee wishes to get around a non-compete agreement in Virginia, they will have to prove that he agreement is violates one of the three requirements established by the Virginia courts.
These requirements are:
- The agreement can be no more restrictive than necessary to protect a legitimate business interest.
- The agreement cannot be overly harsh or oppressive on an employee.
- The agreement cannot negatively impact the public.
If an employee proves that ant of these rules has been violated, a court may rule that the contract is unenforceable.
What Voids a Virginia Non-Compete Agreement?
A Virginia non-compete agreement will be void if it was not entered into voluntarily. Any contract that is signed under duress, threat, coercion, or fraud will be deemed void and unenforceable.
Frequently Asked Questions
See Noncompete Agreement 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
See Real Non-Compete Agreement Projects
Massachusetts Non-Compete Clause in Employment (1099) contract Review
- Massachusetts
- 5 lawyer bids
- $250 - $795
Nevada I have two non competes that needs review, one on rollover shares and as a retired officer Review
- Nevada
- 3 lawyer bids
- $400 - $500
California Review non-compete clauses for Blockchain Startup Offer Letter Review
- California
- 6 lawyer bids
- $150 - $400
Illinois confidentiality and non-compete agreement review Review
- Illinois
- 6 lawyer bids
- $599 - $850
See all Non-Compete Agreement projects in Virginia
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.
Need help with a Noncompete Agreement?
Meet some of our Virginia Noncompete Agreement Lawyers
Rebecca S.
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.
"Rebecca you were awesome I appreciate you working with me and helping me get this done. I look forward to working with you in the future."
Michael T.
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.
"Easy to work with. Great communication. Helped steer us in the right direction to make sure we filed the right document for our needs."
Anita P.
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.
"Anita was exactly what I was looking for: responsive and fully on top of the assignment."
Tina R.
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.
"Tina provided collaborative and professional work that helped me understand my employment contract."
Charlotte L.
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.
Jaime H.
20 years experienced attorney. Practice areas LLC & Corp/Deeds/ Contracts/Wills Trusts/
"Todd was excellent. Smart, responsive, fast, and accurate. Very pleased!"
January 4, 2022
Amy Sue L.
Ms. Leavens is a corporate attorney with 10 years of experience as the General Counsel, Chief Compliance Officer and Corporate Secretary of a Congressionally chartered, non-profit corporation, and more than 20 years of experience as an advisor to executive officers and boards of directors in for-profit and non-profit organizations. She has substantial experience within in-house legal departments managing cross-functional teams comprised of multiple business units and attorneys on large-scale mission critical projects, and within a global law firm as a manager of public and private, domestic and international, multi-party business transactions. She has unique experience implementing government-sponsored business initiatives. Ms. Leavens was honored in 2015 as one of Washington, D.C.’s Top Corporate Counsel by Bisnow and the Association of Corporate Counsel; nominated in 2014 for the Association of Corporate Counsel (WMACCA) Outstanding Chief Legal Officer Award; and the recipient in 2014 of WMACCA’s Community Service Award.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Virginia Noncompete Agreement Projects
Review Employment Contract Non-Compete Clause for Chiropractor
"I’m very grateful for [Attorney Name]’s guidance in reviewing my contract. They were responsive, knowledgeable, and made a potentially stressful situation feel manageable."
Review Noncompete Agreement
"Absolutely incredible person super responsive and willing to help me navigate through a challenging situation. Allen is top notch, professional, and comprehensive."
Review Noncompete Agreement
"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."
Review Non-Compete Agreement and Address Business Dispute in Texas
"Faryal, delivered guidance I needed with good communication."
Review Non-Compete Agreement in Colorado for New Business Start-Up
"Was able to answer questions and provide guidance in an effective manner, thanks Patrick!"
Business
Noncompete Agreement
Florida
Noncompete agreement and business partners?
I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.
Daniel D.
The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.
Employee Rights
Noncompete Agreement
Texas
Noncompete agreement and moonlighting?
I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.
Curt L.
If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.
Business Contracts
Noncompete Agreement
Florida
Noncompete agreement for consultants?
I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.
Venus C.
Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
Employer
Noncompete Agreement
Connecticut
Can a noncompete agreement be waived?
I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.
Thomas L.
Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.
Business Contracts
Noncompete Agreement
California
Noncompete agreement time restrictions?
I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.
Gagandeep K.
The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Noncompete Agreement?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
Virginia Noncompete Agreement lawyers by city
- Alexandria Noncompete Agreement Lawyers
- Chesapeake Noncompete Agreement Lawyers
- Hampton Noncompete Agreement Lawyers
- Newport News Noncompete Agreement Lawyers
- Norfolk Noncompete Agreement Lawyers
- Richmond Noncompete Agreement Lawyers
- Virginia Beach Noncompete Agreement Lawyers
ContractsCounsel User
Can you review noncompete agreement
Location: Nevada
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 5
Number of Bids: 9
Bid Range: $240 - $1,000
ContractsCounsel User