The new law prohibits any agreement or agreement that “limits, prohibits or otherwise limits a person`s ability to compete with his or her former employer after terminating the person`s employment relationship.” When you are presented with a non-competition clause or employment contract, severance package or confidentiality agreement, do not sign until you have thought about what it means. At least read it and ask questions. As mentioned above, the agreement for your employer was written by a lawyer. It is worth talking to a lawyer to read the contract in advance and declare the agreement before signing. Generally speaking, when applying this three-tooth test, courts check whether an employer goes too far by using language that is sufficiently ambiguous or ambiguous for its scope to be difficult to determine. Each case will have its own facts and circumstances that will convince the Tribunal to enforce the non-compete agreement in one case, but to invalidate it in another very similar case. There are two main restrictions on the application of a non-competition clause: geography and time. If you`re a Virginia worker who signed a non-compete clause (or signed a contract with a non-compete clause), that`s not the end of the story. Non-competition rules still need to be tested to be valid.
In Virginia, the competition prohibitions apply if an employer has proof that if you are employed in Virginia and have signed (1) a non-compete clause or (2) plan to sign an agreement not to participate in competitions, seek the advice of a qualified attorney. Erlich has extensive experience in assisting clients with employment contracts. As always, please contact one of our lawyers at (703) 791-9087 or email us for a consultation. The law also allows a low-wage employee to bring a civil action “against any former employer or any other person who attempts to enforce an obligation not to oppose that employee in violation of this section.” In this case, “the Tribunal has jurisdiction to set aside any obligation not to compete with a low-wage employee and order all appropriate facilities, including an injunction for the conduct of a person or employer, an injunction to pay lump sum damages, and a failure to compensate, compensate and incur reasonable attorneys` fees and expenses.” Subsequently, in the text, the law makes mandatory the payment of appropriate lawyers` fees and expenses – including expert fees – against “a former employer or other person who tries to impose an agreement, not to oppose such a plaintiff”. An employer cannot defend himself for breach of a non-competition clause by a worker as reimbursement without providing proof of damage. . . .