Legal Question in Business Law in Virginia

non-compete agreements

How legally binding is a non compete agreement between a company and former employees?


Asked on 3/28/08, 11:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: non-compete agreements

And, yes, such agreements can also be binding against former employees of a particular company.

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Answered on 3/29/08, 10:46 am
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: non-compete agreements

Although not favored, and strictly construed, non-compete agreements are valid and enforceable against an employee as long as they are reasonable. Such an agreement must be reasonable in its restrictions (time/place) and reasonably necessary to protect the employer's business interest. Further, the clause cannot be unduly restrictive of the employee's right to make a living, or against public policy.

You may wish to consult an attorney to consider the particular contract in your case, and whether it would be deemed enforceable under the principles stated above.

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Answered on 3/29/08, 2:08 am


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