Non-Compete Lawyer Virginia, VA
When a restrictive covenant stands between you and your next career move, the stakes can feel immediate and personal. Non-compete agreements in Virginia are governed by a specific statutory framework that took effect in 2020, and whether you are an employee presented with a new contract, a former employee defending against threatened litigation, or an employer seeking to protect legitimate business interests, the outcome often turns on how the agreement is drafted and how the parties have conducted themselves. Law Offices Of SRIS, P.C., founded in 1997, concentrates a substantial portion of its business law practice on non-compete, non-solicitation, and confidentiality matters. Mr. Sris and his Of Counsel team have handled hundreds of business-dispute matters across Virginia and bring over 120 years of combined legal experience to these cases. Results may vary. If you are facing a non-compete issue in Virginia, reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Non-Compete Agreements Mean in Virginia
Non-compete agreements in Virginia are not governed solely by common-law reasonableness standards; since July 1, 2020, Va. Code § 40.1-28.7:8 has placed new limits on the enforceability of restrictive covenants for certain categories of workers. The statute prohibits covenants not to compete that restrict “low-wage employees” as defined by the statute, and it imposes specific requirements for enforceability in other contexts. An employer seeking to enforce a non-compete must demonstrate that the restriction is narrowly tailored to protect a legitimate business interest and is not broader than necessary.
Virginia courts, including the Circuit Courts that have original jurisdiction over business disputes, evaluate non-compete agreements by examining the reasonableness of the restraint on trade, the geographic scope, the duration, and the function and nature of the employee’s role. Mr. Sris and his Of Counsel team routinely appear in Circuit Courts across Virginia, including in Fairfax County, Prince William County, and other Northern Virginia jurisdictions, as well as courts in Richmond and the Shenandoah Valley. The enforcement landscape continues to evolve as the 2020 statutory changes are applied and interpreted; staying current with these developments is critical for both employers and employees.
For businesses, non-compete and non-solicitation clauses in shareholder agreements, operating agreements, and employment contracts can be essential to protecting customer relationships, trade secrets, and proprietary information. Law Offices Of SRIS, P.C. assists clients in drafting agreements that are likely to withstand judicial scrutiny and, when disputes arise, in either enforcing or defending against restrictive covenants.
How Mr. Sris and His Of Counsel Handle Non-Compete Cases
When a client contacts the firm about a non-compete matter, the initial step is a detailed review of the underlying agreement and the factual context. The team led by Mr. Sris—a former prosecutor with extensive courtroom experience—analyzes whether the restriction falls within the statutory prohibitions of Va. Code § 40.1-28.7:8, whether the scope is reasonable, and what business interests the employer can legitimately claim. If the client is an employer, the firm evaluates the enforceability of existing agreements and advises on the likelihood of success in seeking injunctive relief.
Mr. Sris and his Of Counsel approach every non-compete dispute with the understanding that these cases are often urgent; a delay can mean a lost job opportunity or the departure of a key employee. The firm works to pursue temporary restraining orders or preliminary injunctions when appropriate, and it represents clients in settlement negotiations, mediation, and trial. Because Virginia’s non-compete law does not provide for automatic attorney-fee shifting, the economic realities of litigation are always part of the strategic conversation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, he brings a trial-tested perspective to civil business litigation, including non-compete disputes. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys include practitioners with extensive experience in business and contract law. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to non-compete, business formation, and commercial litigation matters. Results may vary. The team has documented more than 4,739 case results across all practice areas since 1997.
Frequently Asked Questions
What should I do if I am facing a non-compete dispute in Virginia?
Contact a business law attorney immediately and do not discuss the case with anyone except your lawyer while you preserve all relevant documents and evidence. A non-compete dispute can escalate quickly, and the opposing party may seek emergency injunctive relief. The court deadlines under Virginia law require prompt action. Your attorney can review the agreement for enforceability, advise you on the likelihood of success, and develop a strategy to protect your interests.
Are non-compete agreements enforceable in Virginia?
Yes, non-compete agreements can be enforceable in Virginia, but they must be narrowly tailored to protect a legitimate business interest and must not violate Va. Code § 40.1-28.7:8, which renders certain covenants unenforceable for low-wage employees. Virginia courts will not enforce an agreement that is overly broad, and the party seeking enforcement bears the burden of proving reasonableness. The court examines the restriction’s duration, geographic scope, and the function of the restricted activity. An agreement that serves merely to eliminate competition or to penalize an employee will not be upheld.
What remedies are available if a former employee violates a non-compete?
An employer may seek injunctive relief against the former employee and, in some cases, against the new employer, as well as monetary damages if actual harm can be demonstrated. Temporary restraining orders and preliminary injunctions are common because the harm from competition is often irreparable. The availability of damages depends on the specific language of the contract and the nature of the breach. Under Virginia law, each case is fact-intensive, and the court’s decision is highly discretionary.
Can an employer enforce a non-compete against a low-wage worker in Virginia?
No; as of July 1, 2020, Virginia law prohibits employers from entering into, or enforcing, covenants not to compete with low-wage employees as defined in Va. Code § 40.1-28.7:8. A low-wage employee is generally one whose average weekly earnings are less than the average weekly wage in Virginia. The statute also renders non-compete agreements unenforceable against several other specifically enumerated categories of workers, including certain students and individuals whose employment is terminated for lack of work.
How long does a non-compete litigation typically last in Virginia?
The duration of non-compete litigation in Virginia varies considerably depending on whether emergency injunctive relief is sought, the complexity of the facts, and the court’s schedule. A temporary restraining order can be obtained within days, while a full trial on the merits may take many months. The timeline is influenced by discovery disputes, motion practice, and the availability of witnesses. Mr. Sris and his Of Counsel work to resolve these matters efficiently, but every case follows its own procedural path.
Do I need a lawyer to negotiate a non-compete agreement before I sign it?
You are not legally required to have a lawyer review a non-compete agreement before you sign, but doing so is strongly recommended because an improperly drafted restriction can limit your career options for years. An experienced business lawyer can assess whether the proposed restriction is reasonable under Virginia law, advise you on the risks, and negotiate modifications that protect your interests. Signing an agreement without legal review may result in forfeiting rights you could otherwise preserve.
What is the difference between a non-compete and a non-solicitation agreement in Virginia?
A non-compete agreement restricts an employee from working for a competitor, while a non-solicitation agreement prohibits an employee from soliciting the former employer’s customers, clients, or employees. Both types of restrictive covenants are subject to similar reasonableness analysis under Virginia law, but they protect different interests. Because non-solicitation clauses are generally narrower, Virginia courts are somewhat more willing to enforce them. The enforceability of either type depends on the specific language and the factual context.
How much does a non-compete lawyer cost in Virginia?
Attorney fees for non-compete matters in Virginia vary by case and depend on the complexity of the dispute, the degree of urgency, and the billing arrangement. Some firms charge hourly rates, while others may offer flat-fee services for a limited review. Law Offices Of SRIS, P.C. offers an initial consultation by appointment; contact our firm at (888) 437-7747 to discuss your situation and learn about available fee arrangements.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Learn more about related business law topics: Business Lawyer in Fairfax County · Business Lawyer in Fairfax City · Business Lawyer in Falls Church · Business Lawyer in Prince William County · Business Lawyer in Manassas
Virginia businesses are regulated by the State Corporation Commission. For more information, visit the SCC business entity filings page. You may also review the Virginia Code Title 13.1 for corporation and LLC statutes, and find court locations at the Virginia courts website.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.