Alexandria Non-Compete Agreements Lawyer
Employment contracts are an ordinary component of many jobs. Non-compete agreements are a type of employment contract that addresses an employee’s ability to compete with their employer after leaving the company.
Particularly in industries where trade secrets and client contacts are central to the success of the company, it can be detrimental to an employer’s business if employees continually take proprietary information elsewhere. However, if an employee signs a very restrictive agreement their future employment opportunities may be limited.
With so much at stake, whether a non-compete agreement is enforceable is often a contentious issue between employers and employees. An Alexandria non-compete agreements lawyer can help ease hostility between the parties and work toward a fairer agreement. A capable employment attorney at The Spiggle Law Firm can help you understand your rights and options in these situations.
Drafting a Non-Compete Agreement in Alexandria
Non-compete agreements generally must be drafted to conform to the requirements of a legally binding contract. Namely, each party must receive something of value in exchange for entering into the non-compete agreement.
The most important terms in a non-compete agreement are those setting the geographic scope and the length of time of the agreement. To avoid the agreement being unenforceable, these terms should be as minimally restrictive on the employee as possible. The terms vary per contract but should only restrict what is necessary to protect the employer’s business interests. This means that in some cases, a statewide or nationwide restriction may be appropriate while in other cases a geographic limitation of a few miles may be suitable.
It is highly unlikely that a non-compete agreement will be permanently enforceable. Rather, these agreements generally are drafted to remain in effect for one or two years. Non-compete agreements that restrict an employee’s ability to seek employment for several years may be looked at unfavorably by courts in Alexandria.
What is a Choice of Law Clause?
Another clause typically present in a non-compete agreement is a choice of law clause. This means that the contract may be enforceable under various state laws. A choice of law clause is a standard clause in most contracts and may have a substantial impact on the validity of non-compete agreements because the enforceability of non-compete agreements varies by state.
Before an Agreement Goes into Effect
A non-compete agreement can have real and lasting impacts on an employee’s ability to continue in their line of work in the future. Employees should not sign non-compete agreements hastily without consulting with an Alexandria non-compete agreements lawyer. It is customary for these types of agreements to be thoroughly reviewed and negotiated prior to signing. Therefore, before signing a non-compete agreement, you may want to ask questions and seek counsel.
Enforcing an Agreement in Alexandria
Enforcing a non-compete agreement can be the most technical aspect of these documents. Although a non-compete may seem like a valid contract, the terms may be invalid if they are overly burdensome to the employee. If you believe a non-compete agreement is unfair, it may be in your best interest to contact an Alexandria non-compete agreements lawyer.
For example, the court tends to not enforce contracts that restrict an individual’s ability to earn a living. Despite this position, non-competes may still be enforced in situations where the terms are deemed reasonable.
The enforceability of non-competes is determined on a case by case basis. Enforceable non-competes should not violate public policy and should include only those restrictions that are reasonably necessary to protect an employer’s business interests.
Consulting with an Alexandria Non-Compete Agreements Attorney
If you are in the Alexandria area and are looking for reliable representation in a non-compete agreement matter, we may be able to provide the assistance you need. Enforcement of non-compete agreements vary in each situation, so whether you have already signed the agreement or are reviewing pre-employment paperwork, we could give you sound advice.
Consult with us today by submitting an online review for free or use our Case Assessment Calculator. Our dedicated and hard-working team of Alexandria non-compete agreements lawyers at The Spiggle Law Firm can read your contract thoroughly and help you understand its implications for your future opportunities.