Virginia Non-Compete Disputes Lawyer
Many modern workplaces require their employees to sign non-compete agreements as a term of employment. These contracts require employees to produce work product only for their employers while on the job. Many of these agreements also restrict employees from seeking other work in the employer’s field after leaving their current position for a stated period of time.
A Virginia non-compete disputes lawyer may be able to help companies or employees to examine their rights under non-compete clauses. An attorney can work to draft legally binding contracts as well as help parties fight for their rights when disputes arise.
State Regulations for Enforcing Non-Compete Clauses
For years, employers were free to place any restriction they wished upon a worker’s ability to seek new employment after leaving their positions. This caused many workers to struggle with finding new jobs.
Legal disputes between workers and employers concerning non-compete contracts have become so common that the Commonwealth’s courts have provided guidance as to when these clauses are valid or when they are unenforceable. In a landmark case, the Virginia Supreme Court ruled that a non-compete is only enforceable if the employer can show that the clause was necessary to protect a legitimate business interest.
Additionally, the clause must not be excessively severe or oppressive in restricting the employee’s chances of finding new work. A Virginia attorney could help evaluate the legality of existing non-compete clauses.
Litigation for Violations of Employment Terms in Virginia
Potential violations of non-compete clauses are serious legal matters. These clauses have profound impact on reentry into the job market and could prevent former employees from seeking out new work in a specific geographic area for a set period of time. They may even prevent someone from going into business for themselves.
Conversely, employers may face allegations for having unfair or overly restrictive or broad employment terms that are unenforceable in court. Attempting to hold an employee responsible for violating these terms could result in costly litigation. If a court rules in favor of the employee, the company may be ordered to pay damages.
A lawyer could argue against the imposition of a non-compete clause or debate whether a former employee’s actions violated the terms of their contract. An attorney might also work with companies to craft non-compete clauses that adhere to Commonwealth law.
Statute of Limitations for Non-Compete Claims
Companies that wish to hold former workers responsible for violating their contracts should act quickly. Under Code of Virginia §8.01-246(2) businesses must file breach of contract claims within five-years of the violation. A Virginia non-compete disputes attorney could advocate for the rights of former employees or businesses in court proceedings.
Call a Virginia Non-Compete Disputes Attorney
Non-compete clauses are now a common part of employment contracts in the legal, technology, and medical fields. As a result, many employees find that they are left with few options when seeking new work after leaving a job. Additionally, employers may wonder if their contracts are enforceable.
A Virginia non-compete disputes lawyer may be able to help parties navigate these clauses and disputes involving non-compete clauses. A legal professional could draft clauses that are likely to hold up in court or help employees to evaluate the legality of their contracts. Contact an attorney today to learn more.
