Legal Question in Employment Law in Virginia
Employer Contract
My employer wants me to sign where if I quit or get fired I can not work for any other similar business within 10 miles of their company. This messes with peoples livelihood. Is this legal? Should I sign?
2 Answers from Attorneys
Re: Employer Contract
Non-compete agreements have been recognized by the Virginia Supreme Court as legal in the Commonwealth. However, to be valid they must be reasonable in terms of their scope as well as the time period which they entail. Whether your particular non-compete fullfills all of the required criterial or, perhaps, only some of them would be difficult to say without actually reviewing the agreement itself.
Re: Employer Contract
A non compete clause may be valid however it must: be no greater than necessary to protect the employer's legitimate interest; not be unduly oppressive; and not in violation of public policy. Obviously this depends upon the particular circumstances of a given case, and the specific language of the agreement.