Charlottesville Non-Compete Agreements Lawyer
Some Charlottesville business owners present their employees with a contract that restricts what they are allowed to do after they no longer work for that company. If they sign it before starting employment, they are bound by the terms because the job is treated as consideration for the contractual arrangement. Those who are not certain whether they are bound by a non-compete agreement are advised to consult an employment law attorney from the Spiggle Law Firm.
A Charlottesville non-compete agreements lawyer could assist before or after you sign a contract with your employer. If you have not yet signed, a member of our legal team may be able to negotiate terms which better address your interests. If you have already signed an agreement, we could review the agreement, explain your obligations, and defend your interests if you are facing allegations of a violation.
Determining the Enforceability of a Non-Compete Contract
A non-compete agreement, sometimes referred to as a covenant not to compete, is a contract between an employer and employee. Employment agreements require an exchange of something of value known as consideration in order for them to be valid and enforceable.
If a contract fails to comply with state law, it could be deemed unenforceable. A Charlottesville attorney from our firm could compare a non-compete agreement with legal precedent to ascertain its validity.
If an employee is already working when their boss asks for their signature on a non-compete agreement, the employer may need to offer something besides continued employment as consideration for the contract. For example, they could offer an increased rate of pay, advanced training, or a desirable assignment.
Overly Restrictive Agreements
If an employer fails to provide sufficient consideration for an employee signing a non-compete clause, a court is not likely to enforce the terms of that agreement. Similarly, a court may not enforce an agreement that is considered overly broad or which imposes too many restrictions on an employee’s rights.
In general, restrictions in a covenant should be no more than what is needed to protect the “legitimate business interest” of the employer. Additionally, the agreement should not excessively restrict the employee’s ability to earn a living or violate public policy. A non-compete contracts lawyer in Charlottesville could examine an agreement to see whether it contains overly restrictive terms that may be unenforceable.
Consult a Charlottesville Non-Compete Agreements Attorney Today
The most advantageous time to consult an attorney about a non-competition clause is before agreeing to any terms. A Charlottesville non-compete agreements lawyer could work to negotiate a contract that is favorable and which contains provisions that are beneficial for your employer as well.
If you have already signed an agreement, our steadfast legal team could review the restrictions and determine its terms’ enforceability. If a former employer is alleging that you have breached a non-compete contract, an experienced legal advocate from our firm could defend your employment rights in court. For a free consultation to learn more about the advantages of working with our team, call us today.