Virginia Agreement Creating Restrictive Covenants

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Multi-State
Control #:
US-0064BG
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Word; 
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Description

If you are planning on buying a home, condominium, townhouse, or other property, you must take note of whether any restrictive covenants will affect your ability to use your new residence.

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FAQ

Restrictive covenants in the labor and employment context are agreements between an employer and employee that restrict the activities of an employee following a separation of employment.

Call a Virginia Non-Compete Disputes Attorney A Virginia non-compete disputes lawyer may be able to help parties navigate these clauses and disputes involving non-compete clauses. A legal professional could draft clauses that are likely to hold up in court or help employees to evaluate the legality of their contracts.

Code § 40.1-28. (?CAPLL,? titled ?Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy?), provides that employees who are volunteer members of the Civil Air Patrol are entitled to limited amounts of job-protected leave for training for or responding to emergency missions.

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.

Unlawful to require payment for medical examination as condition of employment.

An individual who has not been properly classified as an employee may bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. An individual's representative may bring the action on behalf of the individual.

No employer may discharge, threaten, or otherwise discriminate or retaliate against a low-wage employee for bringing a civil action pursuant to this section.

Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...

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Virginia Agreement Creating Restrictive Covenants