Virginia Non-Solicitation Agreement Lawyer

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A Virginia non-solicitation agreement lawyer at The Spiggle Law Firm knows that an employer’s clients and employees are often their most valuable assets. A group of knowledgeable and dedicated employees undoubtedly makes business functions successful and loyal clients generate revenue.

During your employment and after you leave a company, employers may fear that you will take the business of the company’s important clients or employees. To prevent these types of so-called poaching, employees may be asked to sign a non-solicitation agreement. Non-solicitation agreements are contracts the prohibit employees from taking away business or employees from the employer.

Although most non-solicitation agreements are similar, they may contain different terms and conditions to reflect the needs of a company engaged in a particular trade or industry. If you are uncertain about the terms of the non-solicitation agreement you signed or might sign shortly, you may want to speak with an accomplished employment lawyer in Virginia first.

Purpose of Non-Solicitation Agreements

The purpose of a non-solicitation agreement is to prevent current or former employees from taking away parts of an employer’s business. Using trade secrets or proprietary information, employees may attempt to lure clients, partners, or employees away from their employer to work with them personally. Non-solicitation agreements prohibit this type of conduct. The fewer options clients have to obtain a particular good or service, the more business a company can generate.

What Counts as Solicitation?

Solicitation is when employees attempt to take clients away from their employer or when a client tries to take employees away from the employer. A non-solicitation agreement specifies the forms of communication that an employer might prohibit between an employee and its clients. Modern non-solicitation agreements will likely incorporate traditional forms of communication as well as online communication through various social media platforms. A non-solicitation agreement may prohibit you from certain types of communications such as:

  • Oral
  • Written
  • Fax
  • Mail
  • Email
  • Social media

Outside of direct communication, solicitation may also take the form of large monetary donations or other financial support to entice a client.

Enforcement of Virginia Agreements

The Virginia courts will enforce non-solicitation agreements they consider reasonable. Non-solicitation contracts, like other restrictive employment contracts, must have a reasonable duration and scope. The determination of the reasonableness of a non-solicitation agreement will vary from case to case. If the court finds that an agreement restricts an individual’s ability to obtain employment, it may be construed as unreasonable. A seasoned Virginia non-solicitation agreement lawyer could help determine if your contract is unreasonable or not.

Scope of a Non-solicitation Agreement

A non-solicitation agreement may be a separate contract or part of an overall non-compete agreement. Independent non-solicitation agreements are typically narrower in scope than comprehensive non-competes. Under a standard non-solicitation agreement, an employee may only be restricted from taking away clients or employees but can still compete with their former employer in other ways.

Work with Our Virginia Non-Solicitation Agreement Attorneys

It is important to understand the contents of any contract you are asked to sign. Before signing a non-solicitation agreement, you may want to consult with a lawyer to help you examine the fine lines. We assist federal and private employees with all aspects of non-solicitation agreements including drafting, review, and enforcement.

Please do not hesitate to contact The Spiggle Law Firm to schedule an appointment with a Virginia non-solicitation agreement lawyer today. For an initial review of your situation, use our no-cost online review here.