Restrictive Covenants For Independent Contractor In Fairfax
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Restrictive covenants in employment agreements (like non-compete and non-soliciation provisions) are disfavored in Virginia and only enforced when narrowly crafted so that the restrictions are no broader than necessary to protect the employer's legitimate business interests.
In Virginia, non-compete and non-solicitation agreements are enforceable only if they are narrowly drawn to protect the employer's legitimate business interests, are not unduly burdensome on the employee's ability to earn a living, and are not against public policy.
In Ontario, non-compete clauses for independent contractors need to be reasonable in scope and duration. They should not exceed what is necessary to protect legitimate business interests. Courts often scrutinize such clauses to ensure they do not unfairly restrict a contractor's ability to earn a living.
∎ The Rule applies to noncompetes with all workers, whether full-time or part-time, including employees, independent contractors, interns, externs, volunteers, apprentices, and others—but there are different requirements for senior executives as defined by the Rule (see Questions 5-6).
Chapter 2 – How to Beat Your Virginia Non-Compete Get a copy of the agreement. Have an attorney review the agreement. Don't plan your new business at work! ... Do not advertise your new business until you know your non-compete agreement is not an issue. Be Honest. Seek legal action to determine validity of the agreement.
As a reminder, Virginia is one of eleven states (along with Washington, D.C.) that imposes restrictions on the use of non-compete agreements for so-called “low wage employees.” Effective now in 2025, the salary threshold defining a “low wage employee” in Virginia has increased from $73,320 to $76,081 annually.
Take a non-competitive job or role outside your current employer's specialty. Prove your employer breached the contract to invalidate the non-compete clause. Argue that the non-compete is overly restrictive or not enforceable. Negotiate or prove no legitimate business interests exist to uphold the agreement.
There may be terms in your contract that says you can't work for a competitor or have contact with customers for a period of time after you leave the company. These are called 'restrictive covenants'. Your company could take you to court if you breach the restrictive covenants in your contract.
In Virginia, non-compete agreements are enforceable if an employer can show: the restriction is “no greater than is necessary to protect the employer's legitimate business interest”; the agreement is not excessively severe or oppressive in restricting the employee's ability to find another job or make an income; and.
