Virginia Sample Noncompetition and Nonsolicitation Agreement

State:
Multi-State
Control #:
US-C-9200
Format:
Word; 
Rich Text
Instant download

Description

This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
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  • Preview Sample Noncompetition and Nonsolicitation Agreement
  • Preview Sample Noncompetition and Nonsolicitation Agreement
  • Preview Sample Noncompetition and Nonsolicitation Agreement

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FAQ

In Virginia, the non-solicit law restricts individuals from soliciting clients or employees of a business after leaving that business. This law is designed to protect employers from unfair competition and to maintain business relationships. A Virginia Sample Noncompetition and Nonsolicitation Agreement can clarify the scope of such restrictions, ensuring that both parties understand their rights and limitations.

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.

A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

For the same reasons that it prohibits non-competes, California law generally prohibits enforcement of non-solicitation agreements against former employees, because those agreements tend to restrain individuals from engaging in their professions or occupations. California courts may, however, enforce a non-solicitation

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

Under Virginia law, a non-competition agreement will be strictly construed against employers including medical and other professional practices, and will be found to be enforceable if the agreement as a whole is found to be reasonable.

The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for

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.

Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.

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Virginia Sample Noncompetition and Nonsolicitation Agreement