Legal Question in Business Law in Virginia
non-compete agreements
How legally binding is a non compete agreement between a company and former employees?
2 Answers from Attorneys
Re: non-compete agreements
And, yes, such agreements can also be binding against former employees of a particular company.
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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