Fortunately for employees, Virginia does not make it easy for companies to impose non-compete rules. Virginia does not have a “blue pencil rule” that allows courts to modify or restrict the scope of an inappropriate non-compete agreement to make it appropriate. If it is not designed correctly, it cannot be imposed. Intermediate or established professionals should generally work with a lawyer to adapt the non-competition clause so that it does not weigh too heavily on their professional future. The best thing would be to have no non-competition clause at all. Otherwise, you should try to limit it as much as possible in geographical scope and duration. Narrowly limit it to the area where the employer really cares about you – not the whole industry or industry. A non-competition clause prohibits an employee from participating in a business that competes with the activities of his or her current employer. While an employer can`t require you to sign a non-compete clause, they can terminate or decide not to hire you if you refuse to sign. Non-competition rules are generally not good on the part of the courts.
In the event of a dispute over non-competition rules, the courts take into account certain factors in determining whether the agreement is appropriate. If you are negotiating a non-competition clause, you must limit the agreement to what is necessary to protect the employer and claim severance pay in the event of dismissal. Find out below the impact that a non-competition clause can have on you. A non-competition clause can be a stand-alone agreement or a clause or placement in a longer employment contract. More and more companies are demanding the agreements – and applying them – even for non-corporate, non-executive jobs like yoga teachers, camp counselors, or office interns. . . .