Noncompete agreements, or covenants not to compete, are agreements between businesses and their employees or contractors that restrict the actions of employees following the end of the employment relationship. A noncompete clause aims to protect trade secrets and sensitive information that is unique to the employer or business, such as a customer list or business model. Such a clause restricts the employee’s freedom to work in a similar profession or trade in competition against the employer throughout the period of employment or for a period of time following the conclusion of employment.
Oftentimes, the terms of a noncompete agreement extend beyond the employee’s termination or resignation for a period of several months to several years. These agreements may also contain non-solicitation agreements, which ban former employees from soliciting business from the former employer’s clients, and which also prevent them from encouraging former co-workers from leaving the company to join a competitor.
Such agreements are more common in certain industries than in others. TV personalities such as news anchors and reporters are often subject to these agreements, as are doctors and those in the tech industry. In Virginia, these agreements are generally disfavored as they may be perceived as restraints on trade, however, this does not mean that a court may find a noncompete agreement to be enforceable.
Employer Noncompete Agreements
As an employer, it’s understandable that you seek to protect unique trade secrets and confidential company information from competitors. If you intend to construct a solid noncompete agreement in Virginia Beach, our attorneys can work to ensure that your noncompete agreement is compliant under state and federal laws and will protect your business interests.
Reviewing Noncompete Agreements for Employees
At Bertini Law, our team of determined employment attorneys is dedicated to standing up for workers’ rights. It is recommended that prior to signing a noncompete agreement in Virginia Beach, new hires should work with an experienced noncompete agreement attorney to ensure that the agreement does not provide undue hardship. In many cases, we encounter overly-broad agreements that stand to make it near impossible for our clients to find work in their own industry after they have resigned or after termination. Not only can we uncover potential issues with the noncompete agreement before you, we can help you negotiate the agreement based on areas of potential conflict.
By working with an attorney who handles noncompete agreements, your company can adopt an agreement that will satisfy the terms necessary to be deemed “reasonable.” New hires can also benefit from working with an attorney who will protect their interests as they evaluate the noncompete agreement in question. Call (757) 222-9165 to discuss your noncompete agreement or contact Bertini Law online.