David, Brody & Dondershine, LLP Experienced General Business Law Attorneys
12355 Sunrise Valley Drive, Suite 650
Reston, VA 20191
703-264-2220
We’re moving! As of April 30, 2018, our new address will be 2100 Reston Parkway, Suite 370, Reston, VA 20191.

Looking at some of the basics of covenants not to compete in VA, P.2

In our last post, we began speaking about some of the general rules that apply when Virginia courts review covenants not to compete, which are agreements that restrict the ability of an employee to work for or as a competitor to an employer upon leaving that employer.

As we noted, perhaps the most important factor courts will look at is whether the covenant is reasonably restrictive of the employee, or overly broad and restrictive. Agreements which make it unduly difficult for an employee to obtain other work and which are broader than necessary to protect a company’s legitimate business interests are going to be more likely to come under scrutiny and not be upheld by courts in Virginia. 

It is worth pointing out that when courts in Virginia review covenants not to compete, they review each agreement on its own merits so that the specific restrictions on the employee can be adequately balanced against the circumstances of both the employer’s business and the employee’s search for new work. Because of this, it is difficult to identify general rules that employers should follow when establishing these agreements.

For employers, working with an experienced legal advocate is indispensible, not only when setting company policy regarding covenants not to compete and negotiating specific terms, but also when disputes arise with respect to these agreements. Even the best planning cannot eliminate all possibility of litigation on this issue, and working with experienced counsel can help ensure a business’ rights and interests are protected and advocated. 

No Comments

Leave a comment
Comment Information

Contact Us For More Information

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Top

Office Location

David, Brody & Dondershine, LLP
12355 Sunrise Valley Drive
Suite 650
Reston, VA 20191

Phone: 703-264-2220
Fax: 703-264-2226
Map & Directions