Loudoun County Non-Compete Agreements Lawyer
Do you have questions about a non-compete agreement? The enforceability of these agreements and other restrictions on employment can vary widely from case to case, so getting personal advice about your situation may be a good idea.
A Loudoun County non-compete agreements lawyer can give you individualized attention and advise on the scope and enforceability of your agreement. They may also be able to suggest actions to take now that may help you avoid costly problems in the future.
Many employees find it best to proactively review their non-compete agreements from the outset instead of waiting to see if a former employer will try to use the agreement against them after they move on in their careers. Contact an experienced employment attorney at The Spiggle Law Firm for advice about your employment concerns.
The Basics of Loudoun County Agreements
A non-compete agreement is a contract between an employee and their employer restricting the employee’s right to engage in certain activities during and/or after the employment relationship. Employers use non-compete agreements to protect themselves from losing employees and customers to competitors.
Employees who sign non-competes may be justifiably concerned about restrictions on their ability to pursue their careers. Fortunately, a valid non-compete agreement must be more reasonable than a blanket limitation on working for competitors for an extended period.
The agreement must carefully balance the employer’s business needs with the employee’s ability to pursue their career. To do this, it should carefully set out the reasons for the agreement as well as the extent that it limits the employee. For more information about the basics of agreements, contact a Loudoun County non-compete agreements lawyer today.
Enforcement of Non-Compete Agreements
In an action to enforce a non-compete agreement, the employer bears the burden of proving the agreement is valid and reasonable. To decide whether an agreement is enforceable, a court in Fairfax reviews the reasonableness of the agreement using a three-part test to ensure the agreement is:
- No greater a restriction than is necessary to protect legitimate business interests
- Not an unduly harsh or oppressive constraint on the employee’s ability to earn a living
- Consistent with sound public policy
For the first part of the test, the court will look at the interests the business asserts it is protecting. Business interests that a valid agreement can protect include customer lists, financial information, trade secrets, and business techniques.
The second part of the test examines how the agreement affects you and your ability to earn a livelihood. This may include looking at the length of the restriction and the types of jobs you are restricted from under the agreement.
The final part of the test looks at the effect of non-compete agreements on society as a whole. Generally, Virginia courts do not favor restraints on free enterprise but recognize employers’ right to protect their business interests through some restrictions on employees. Under Virginia law, if any part of a non-compete agreement is not valid, the entire agreement fails. If you are someone who believes that they may have a strong case on their hands, consult with a Loudoun County non-compete agreements lawyer before taking any legal action.
Getting Help from an Experienced Loudoun County Non-Compete Agreements Attorney
Before you sign a non-compete agreement, you should consider getting legal advice. Our attorneys could ensure your full comprehension of the document and all its implications on your professional track. Even if you already signed, there may be ways that a lawyer can help you understand the effect the non-compete agreement may have on you and if it will be enforced. An attorney could also advise about ways to better protect your interests through the agreement.
A Loudoun County non-compete agreements lawyer at the Spiggle Law Firm could take the time to review your agreement, learn more about your work history, and advise you about possible actions to protect your professional and personal interests. For more information and to schedule an initial consultation, contact us today.