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Although asking certain employees to sign non-compete agreements is legal in Virginia, employers have the burden of proof when an employee has violated the agreement. They must show the employee caused direct harm to their business if they wish to impose legal penalties.
Only employees or independent contractors who earn more than the thresholds established by law can be held to non-competition agreements. If an employee or independent contractor has earnings less than the threshold specified under law, the non-compete agreements is considered void and unenforceable under RCW 49.62.
Under Oregon law, in order for a non-compete to be enforceable, the non-compete must be entered into upon a subsequent bona fide advancement. This means that the no-compete either needs to be entered into either at the start of employment, or with additional consideration, such as a promotion or pay increase.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
The term of a noncompetition agreement may not exceed 12 months from the date of the employee's termination. The remainder of a term of a noncompetition agreement in excess of 12 months is void and may not be enforced by a court of this state.
Colorado law makes it unlawful ?to use force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he sees fit.?4 With a few exceptions, Colorado non-compete and non-solicitation agreements are now generally void unless they apply to ?highly compensated? ...