The parties desire to enter into discussions and negotiations regarding the purchase of material described in the agreement. The parties agree that any information obtained in the discussions will remain confidential and proprietary. All the terms and conditions of the agreement will be binding upon the successors and assigns of the parties and will survive the execution of the agreement and the termination of the discussions and negotiations between the parties.
Non Disclosure Agreement With Non Compete Clause In Virginia
State:
Multi-State
Control #:
US-00456
Format:
Word;
Rich Text
Instant download
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FAQ
A Virginia Standard Clause limiting an employee's solicitation of employees and customers during the term of the employee's employment and for a specified period after the employment relationship ends. It is intended for use by private employers.
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.
That said: In general, an NDA should not stop you from getting a new job. When you signed the NDA you promised not to disclose certain types of information about the company. So it shouldn't matter where you go to work after that, as long as you don't disclose this information.
On Jan. 16, 2024, the Virginia Department of Labor and Industry announced that the average weekly wage for 2024 would be $1,410. As a result, employers are now prohibited from entering, enforcing or threatening to enforce a non-compete agreement with an employee who earns less than $73,320 per year.
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.
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.
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.
Under § 40.1-28.01 of the Virginia Code, employers are prohibited from requiring employees or prospective employees to sign a non-disparagement agreement that has the effect or purpose of concealing the details of a claim related to sexual assault or harassment.
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Virginia has enacted a ban on non-compete agreements for "low-wage employees. " If that applies to you, your non-competition agreement may be invalid.No employer shall enter into, enforce, or threaten to enforce a covenant not to compete with any low-wage employee. Virginia now prohibits businesses from asking low-wage employees to sign any form of non-compete agreement. For example, an NDA may only prohibit the employee from directly competing or from soliciting clients, but allow them to work in a non-competing role. Virginia NonDisclosure Agreement Employers use this form to ensure that their confidential information is not disclosed without consent. In Virginia, courts closely scrutinize noncompete agreements, ensuring they balance employer protection and employee rights. Essentially, noncompete clauses limit an employee's opportunity to excel in whatever skill or trade they're familiar with. A major change in rules from the FTC has every company asking if they can enforce noncompete clauses in West Virginia. As a General Statement, NonCompete Agreements may be Valid in Virginia if Narrowly Tailored to Prevent Direct Competition.