Northern Virginia Non-compete Agreement Attorneys
PJI Law helps companies create non-compete agreements that are tailored to be as powerful and as enforceable as possible.
Northern Virginia Non-compete Agreements
Your employees have inside information about the inner workings of your business. Unlike digital documents you can delete, that information stays with them when they leave the company. When another company hires them, they can use the proprietary information to help the new business. This creates unfair competition and can harm your business.
Fortunately, you can protect your company by having employees sign non-compete agreements. These agreements prevent them from working in specific markets and locations for a set period of time after ending their employment with you. PJI Law has years of experience helping businesses create and enforce non-compete agreements. Contact us today, so you can create a legally binding non-compete agreement for your business.
Components Of An Enforceable Non-Compete Agreement
PJI Law creates enforceable non-compete agreements. Agreements are usually only enforceable if they:
Terms of a non-compete agreement
Generally, there are three crucial provisions you need to include in a non-compete agreement. First, you need to determine the duration of the agreement. The law has not set a specific duration to use. However, you must be reasonable, as defined by the courts. The courts understand the need for Virginia residents to make a living. If the term is too long, the courts will deem it unreasonable. Your Northern Virginia non-compete agreement attorney will help you define a reasonable duration for the document based on a review of the Virginia case law most comparable to your particular situation.
Second, it should include geographical restrictions. In many cases you are legally allowed to restrict the employee from doing business in the same location your company operates. As an example, assume that the majority of your business occurs within 50 miles of your office. You may be able to set a geographical restriction of 50 miles. However, if you extend it to 100 miles, you may have trouble enforcing the agreement.
Finally, you should address the restricted activities. Generally, these agreements are only enforceable if you limit the employee from engaging in the same activities at another business. However, employees are generally allowed to work for a competitor as long as it’s not in the same capacity.
Non-compete agreements for low-wage employees
Some states have recently banned non-compete agreements. While Virginia hasn’t banned agreements outright, it has changed the rules. Now, employers can no longer use non-compete agreements to prevent low-wage employees from working for competitors.
Low-wage employees are defined as those who make less than the average wage in Virginia. Each employee’s wages are calculated based on the last 52 weeks. If their income falls under the threshold, you cannot enforce non-compete agreements. This has created a great deal of confusion in the business world. If you have questions about non-compete agreements, reach out to a Northern Virginia non-compete agreement attorney from PJI Law.
Why Choose PJI LAW?
REAL CLIENTS, REAL REVIEWS
OVERLY BROAD NON-COMPETE AGREEMENTS
One of the biggest mistakes companies commit is making non-compete agreements too broad. Unless you clearly define specific terms, the agreement likely won’t hold up in court. Your Northern Virginia non-compete agreement attorney will ensure that the agreement is narrow in scope so it is more likely to be enforced. Then, if a former employee breaks the agreement, your attorney can file a claim against him or her. As long as the agreement is properly drafted, you’re better positioned for a positive outcome in court.
STATUTE OF LIMITATIONS FOR NON-COMPETE AGREEMENT VIOLATIONS
If someone violates a legally binding non-compete agreement, it’s considered a breach of contract. Generally speaking, you have five years from the date the contract was breached to file a legal claim. Of course, it’s wise to file a claim as soon as possible. The violation could harm your company’s financial standing and reputation. Filing a claim can prevent further damage from occurring.
Awards and Recognition
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