Virginia Non-Solicitation Agreement

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Updated November 18, 2022

Virginia non-solicitation agreement is a contract between an employer and an employee that intends to prevent the employee from soliciting the company’s customers after concluding their period of employment. The agreement is intended to protect the company’s business interests from competitors.

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. (Omniplex World Servs. Corp. v. US Investigations Servs. (2005))

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.” (Edward D. Jones & Co. LP v. Clyburn (2020))

Related Forms

Virginia Non-Compete Agreement

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Virginia Non-Disclosure Agreement

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