Non-Compete Lawyer Virginia, VA
Virginia non‑compete agreements can restrict where and for whom you work, but they are not automatically enforceable. If you are an employee facing a severe career limitation or an employer seeking to protect your business, the legal team at Law Offices Of SRIS, P.C. can help you assess your rights and options. Consultation by appointment. Call (888) 437-7747.
What Non‑Compete Agreements Mean in Virginia
Virginia law generally permits non‑compete agreements, but recent statutory changes have narrowed their enforceability. Under Va. Code § 40.1-28.7:8 (effective July 1, 2020), Virginia prohibits employers from entering into non‑compete agreements with low‑wage employees — those whose earnings fall below the average weekly wage as determined by the Virginia Employment Commission. For workers who are not in the low‑wage category, Virginia courts apply a reasonableness analysis to decide whether a non‑compete can be enforced.
Non‑compete disputes usually arise when an employee leaves a company to work for a competitor or to start a new business. The party seeking to enforce the agreement must demonstrate that the restriction is no broader than necessary to protect a legitimate business interest, does not impose an undue hardship on the departing employee, and is not injurious to the public. Virginia Circuit Courts have jurisdiction over these civil matters, as claims for injunctive relief or monetary damages often exceed the monetary limits of the General District Court.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Non‑Compete Cases
When a client comes to Law Offices Of SRIS, P.C. with a non‑compete concern — whether they are an employee seeking to challenge an overly broad restriction or an employer aiming to protect confidential information — Mr. Sris and his Of Counsel first evaluate the agreement’s enforceability under current Virginia law. They analyze the factual context: the reason for the employer’s interest, the nature of the employee’s role, and the competitive landscape. Early intervention can often resolve the matter without litigation.
If litigation becomes necessary, the team prepares for proceedings in the appropriate Virginia Circuit Court. Non‑compete cases frequently move on an accelerated schedule because the employer typically seeks a temporary injunction to prevent the former employee from working. Mr. Sris and his Of Counsel are experienced in both seeking and opposing preliminary injunctive relief, building factual records that address the critical elements of irreparable harm and likelihood of success on the merits. Every approach is guided by the specific facts and the legal standards applied by Virginia courts.
The statute of limitations for a claim based on a written agreement, such as a non‑compete contract, is five years from the date of breach.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who now leads the firm’s business and litigation practice. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results, to matters in Virginia and across the Mid‑Atlantic. Results may vary.
The firm’s Virginia location is in Fairfax, and the team serves clients throughout the Commonwealth — from Northern Virginia to Richmond, the Shenandoah Valley, and beyond. The Of Counsel team includes attorneys with substantial backgrounds in contract disputes, employment law, and commercial litigation, all working together to provide strategic counsel on non‑compete matters.
Frequently Asked Questions
Are non‑compete agreements enforceable in Virginia?
Yes, non‑compete agreements are enforceable in Virginia if they are reasonable in scope, duration, and geography, and if they protect a legitimate business interest. However, agreements with low‑wage employees are prohibited under Va. Code § 40.1-28.7:8. A court will not enforce an agreement that is unduly burdensome or contrary to public policy.
What makes a non‑compete reasonable under Virginia law?
Virginia courts evaluate reasonableness by examining whether the restriction is no broader than necessary to protect the employer’s legitimate business concerns, does not cause undue hardship on the employee, and does not harm the public interest. Factors include the type of work, the duration of the restriction, and the geographic area covered.
Can I work for a competitor if I signed a non‑compete?
It depends on the specific terms of your agreement and the circumstances. If the non‑compete is overbroad or does not serve a legitimate business purpose, you may be able to challenge its enforceability. You should not assume the agreement is void; seek legal advice before accepting a new position.
What should I do if my former employer threatens to enforce a non‑compete against me?
Do not ignore the matter. Preserve all correspondence, the signed agreement, and any job‑offer documents. Contact an attorney promptly to evaluate the enforceability of the agreement and to determine an appropriate $1 of action. Early legal advice can help you negotiate a resolution or prepare for litigation.
Can a non‑compete prevent me from starting my own business in Virginia?
A non‑compete may restrict you from starting a competing business within a certain geographic area and time period if the agreement is reasonable and protects a legitimate interest. Virginia courts scrutinize restrictions on entrepreneurship carefully. An attorney can review your specific situation and the agreement’s terms.
How are non‑compete disputes resolved in Virginia courts?
Most non‑compete cases are heard in Virginia Circuit Courts, where the employer often seeks a temporary injunction to stop the employee from working. The court holds a hearing, typically within weeks, to decide whether an injunction is warranted. The case may then proceed to trial on the underlying contractual issues.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore related legal services: Virginia Business Law Overview · Virginia Business Formation · Virginia Contract Disputes · Virginia Employment Law
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