• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Business Documents Non-Compete Agreement Virginia

Virginia Non-Compete Agreement Template

Prevent a person or business from competing with your company by using a Virginia Non-Compete Agreement.

Published December 9, 2022

Non-compete agreements are frequently drafted by employers to prevent employees from working for a competitor or entering into competition on their own for a period of time after leaving a job. Virginia permits non-compete agreements. Non-compete agreements must be:

  • narrowly drawn (no greater than necessary) to protect the employer’s legitimate business interest
  • reasonable in time, space, and scope
  • not unduly harsh or oppressive or burdensome on the employee in curtailing the employee’s ability to earn a livelihood
  • not against, and reasonable in light of, sound public policy.
Table of Contents
  • Is a Non-Compete Agreement Legally Enforceable in Virginia?
  • What Can Be Protected?
  • Reasonable Uses and Objections
  • Virginia Non-Compete Limitations:
  • Virginia Non-Compete Agreement Sample

Is a Non-Compete Agreement Legally Enforceable in Virginia?

Virginia courts set forth the rules under which a non-compete agreement will be enforced. An employer, seeking to enforce a non-compete agreement, must show that the agreement meets three tests:

  1. The agreement must be no greater than necessary to protect a legitimate business interest;
  2. The agreement must not be unduly harsh or oppressive in curtailing the employee’s ability to earn a living;
  3. The agreement must be reasonable in light of sound public policy.

This rule was recently re-articulated in Gordon v. Blue Mt. Therapy, 2021 U.S. Dist. LEXIS 105432 (W.D. Va. June 4, 2021)

In determining whether the test elements are met, the court will evaluate the duration and geographic limitations of the non-compete agreement and the function and purpose of the non-compete agreement.

In drafting a non-compete agreement, employers should bear in mind that the burden is upon them to prove the terms are reasonable if the matter should ever go to court. The Virginia Supreme Court has ruled that “covenants in restraint of trade are not favored, will be strictly construed, and in the event of ambiguity will be construed in favor of the employee.” [1]

Agreements that are too vague, too broad, or too limiting in the ability of the employee to earn a living are likely to be invalidated. Agreements that are precise in their terms, careful in defining the geographical area in which the employee is restricted, and reasonable and moderate in their terms are more likely to find favor in a court.

As of 1 July 2020, Virginia has prohibited the use of non-compete agreements for low-wage employees. The statute defines the term “low-wage employee.” As of this writing (December, 2022), the limit is approximately $52,000. [2]

What Can Be Protected?

In Virginia, a non-compete agreement can be used to protect trade secrets; confidential information; knowledge of methods of operation; protection from detrimental competition, and customer contacts.

Reasonable Uses and Objections

When using a non-compete in Virginia, keep in mind the following:

  • Enforceable when terminated without cause? Yes
  • Employee non-solicitation agreement permitted? Yes
  • Customer non-solicitation agreements permitted? Yes
  • Does continuing employment equal sufficient consideration? Yes
  • Statute of Limitations for breach of contract: 5 years

Virginia Non-Compete Limitations:

Time limitations

Virginia courts routinely scrutinize agreements to ensure they are reasonable as to time.

Geographical limitations

Geographical restrictions on an employee in a non-compete agreement must be reasonable as to space.

Virginia Non-Compete Agreement Sample

This Virginia non-compete agreement template will let you draft an up-to-date agreement for your business clearly, simply, and inexpensively:

Non-Compete Agreement

non compete agreement template

Download PDF
Download MS Word

Legal Templates uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial guidelines to learn more about how we keep our content accurate, reliable and trustworthy.

  1. Modern Environments, Inc., v. Stinnett, 561 SE2d, 694, Va. 2002.. https://casetext.com/case/modern-environments-inc-v-stinnett
  2. VA Code § 40.1-28.7:8. https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.7:8/
non compete agreement template Preview PDF

Virginia Non-Compete Agreement

Start building your Virginia Non-Compete Agreement here.

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
Legal Templates BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review