Non-Compete Agreements in Virginia
How Virginia law treats non-compete agreements, with the statute or official source.
Short answer: Employers may not enter into, enforce or threaten to enforce a non-compete with a low-wage employee (generally, someone earning less than the state average weekly wage or eligible for overtime, including interns and students) or with a licensed health care professional. Va. Code § 40.1-28.7:8
| Non-compete agreements | Employers may not enter into, enforce or threaten to enforce a non-compete with a low-wage employee (generally, someone earning less than the state average weekly wage or eligible for overtime, including interns and students) or with a licensed health care professional. Also, no non-compete is enforceable if the employer fires the employee without cause and without severance or other payment disclosed when the agreement was signed. Employees can sue an employer that tries to enforce a banned non-compete. For other employees, courts decide case by case. Source: Va. Code § 40.1-28.7:8 |
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Where to get help in Virginia
More Virginia employment law
- Minimum Wage in Virginia
- Final Paycheck Laws in Virginia
- Wrongful Termination in Virginia
- Paid Sick Leave in Virginia
- All Virginia employment law rules
FAQ
Are non-compete agreements enforceable in Virginia?
Employers may not enter into, enforce or threaten to enforce a non-compete with a low-wage employee (generally, someone earning less than the state average weekly wage or eligible for overtime, including interns and students) or with a licensed health care professional. Also, no non-compete is enforceable if the employer fires the employee without cause and without severance or other payment disclosed when the agreement was signed. Employees can sue an employer that tries to enforce a banned non-compete. For other employees, courts decide case by case.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.