Roanoke Non-Compete Agreements Lawyer
Some business owners require newly hired employees to sign non-compete agreements in order to protect valuable company information from falling into the hands of competitors. A non-compete agreement is a contract that essentially prohibits a worker from competing with their former employer after they leave the company.
If you are unsure about the enforceability of your employer’s proposed agreement, you should let one of our employment law attorneys review it. Whether you need to draft a contract, adjust your current terms, or challenge an overly-strict clause, a Roanoke non-compete agreement lawyer may be able to help.
When is a Non-Compete Agreement Enforceable?
The state of Virginia does not have any statue governing non-compete agreements specifically. However, non-compete agreements, like all contracts, are subject to the general requirements outlined in Title 11 of the Virginia Code.
Local courts use a multi-faceted approach to determine whether the contract is enforceable. A primary concern is allowing former employees to continue earning a living without restricting the market by limiting the participation of qualified workers.
A judge must determine whether the restriction is tailored to protect a legitimate business interest of the employer, excessively limits an employee’s ability to find another job, or violates public policy. A legitimate business interest is something that could result in tangible harm to the company if it fell into a competitor’s hands.
Non-competes often set a time limit during which a former worker cannot become employed by top competitors as well as a geographic limitation on where they may work. An agreement which is overreaching with vague and ambiguous language that makes the exact scope difficult to determine may not be enforceable under state law.
Unlike other jurisdictions, which may alter an invalid agreement to be more specific and narrower, a former employer who finds themselves in an unenforceable non-compete in Roanoke would simply be released from the contract altogether.
The Fair Labor Standards Act (FLSA) is a federal law that protects employees in the workforce from things like wage theft and overtime violations. Some courts have viewed a violation of the FLSA as a reason not to enforce a non-compete agreement.
By violating the FLSA, an employer has materially breached an employment contract. Consequently, their workers may not be bound to a non-compete agreement upon leaving the breaching employer’s employment.
Whether the FLSA or other federal statutes affect the enforcement of a non-compete agreement must be determined on a case-by-case basis. Because each case is different and the law is complex, hiring a non-compete agreements lawyer in Roanoke is a wise decision.
Reach out to a Roanoke Non-Compete Agreements Attorney Today
Whether you are beginning a business in Roanoke and need non-compete agreements drafted and modified, or you have questions about the enforceability of your employer’s proposed terms, an attorney from the Spiggle Law Firm could help. Get in touch with a Roanoke non-compete agreement lawyer today to schedule a free case consultation and get started on protecting yourself or your business.