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* Non-Compete restrictions are valid in Fairfax County, Virginia??
- Thread Starter world571
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presutin
Moderator
Here is what I found on non compete clauses in Virginia:
Most states determine the enforceability of non-competition agreements under a so-called "reasonableness" standard. For example, in Virginia, a court will review the agreement under a three prong standard: (1) From the employer's standpoint, is it no broader than necessary to protect the company's legitimate business interests; (2) From the employee's standpoint, is the agreement unduly harsh and oppressive in precluding his or her ability to earn a livelihood; and (3) Is the agreement consistent with public policy? The agreement must be reasonable under all three prongs. Each agreement is considered under the particular facts of each case, depending upon the particular wording of the agreement at issue and the attendant facts of the case. As a general matter, such agreements are generally disfavored under the law of most states, and in such circumstances will be strictly and narrowly construed against the company and in favor of the employee. However, they are certainly enforceable if drafted correctly.
Each individual should carefully read and assess a proposed non-competition agreement before they accept an offer and submit their resignation to leave a job. Particularly in the sales field, a prospective employee should ask at the interview whether he or she would be expected to execute such an agreement.
Hope this helps!
Most states determine the enforceability of non-competition agreements under a so-called "reasonableness" standard. For example, in Virginia, a court will review the agreement under a three prong standard: (1) From the employer's standpoint, is it no broader than necessary to protect the company's legitimate business interests; (2) From the employee's standpoint, is the agreement unduly harsh and oppressive in precluding his or her ability to earn a livelihood; and (3) Is the agreement consistent with public policy? The agreement must be reasonable under all three prongs. Each agreement is considered under the particular facts of each case, depending upon the particular wording of the agreement at issue and the attendant facts of the case. As a general matter, such agreements are generally disfavored under the law of most states, and in such circumstances will be strictly and narrowly construed against the company and in favor of the employee. However, they are certainly enforceable if drafted correctly.
Each individual should carefully read and assess a proposed non-competition agreement before they accept an offer and submit their resignation to leave a job. Particularly in the sales field, a prospective employee should ask at the interview whether he or she would be expected to execute such an agreement.
Hope this helps!
The contract is as below:
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Non-Competition & Non-Solicitation: During the period until one(1) year following the termination of your employment for whatever reason , you shall not directly or indirectly solicit the business of ( or otherwise deal in a mannaer adverse to the Company with) or provide any software consulting to any customer of the company not directly or Indirectly solicit the services of any employee of the Company or induce such employee to terminate his or her employment.You further agree that Virginia substantive law shall govern this Agrement and its enforcement.
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Is it enforcable, after 7 months of termination (I was employee of First vendor)?
One week ago, Other recruiting company is asking me to join with them because End client wants me to work for them again.
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Non-Competition & Non-Solicitation: During the period until one(1) year following the termination of your employment for whatever reason , you shall not directly or indirectly solicit the business of ( or otherwise deal in a mannaer adverse to the Company with) or provide any software consulting to any customer of the company not directly or Indirectly solicit the services of any employee of the Company or induce such employee to terminate his or her employment.You further agree that Virginia substantive law shall govern this Agrement and its enforcement.
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Is it enforcable, after 7 months of termination (I was employee of First vendor)?
One week ago, Other recruiting company is asking me to join with them because End client wants me to work for them again.
presutin
Moderator
The answer to your question is yes.
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