Is It Legally Enforceable in Virginia?

Yes. Non-solicitation agreements are legally binding in Virginia, although there is no specific law pertaining to them.

They are enforceable if they are designed specifically to safeguard the employer’s legitimate business interests without unreasonably restricting a person’s ability to earn a living or violating public policy.^[1]

The court is likely to uphold an agreement that limits the non-solicitation period, specifies the ways in which the employee is prohibited from contacting the employer’s clients, identifies which clients are off-limits, and defines “soliciting.”^[2]

Types of Solicitation to Prohibit

If the terms are within reason to protect the employer’s business interests while balancing the employee’s rights, a non-solicitation agreement in Virginia can be used to prohibit the employee from soliciting the employer’s:

Former or current customers/clients
Former or current employees
Independent contractors
Suppliers, associates, etc.

What to Include

What should you include in a non-solicitation agreement.

Under Virginia case law, a non-solicitation agreement should include reasonable limitations on the following:

1. Time Restraint

The duration of the covenant, which typically begins when the employee’s job is terminated, can range from a few months to several years depending on the circumstances.

2. Geographical Restraint

The agreement should also specify the location or area where the restrictions apply. It should balance the employer’s need to protect a legitimate business interest while not infringing on the employee’s ability to earn a living.