Because of this restriction on workers` rights, Virginia courts do not want to enforce non-compete agreements. However, they will do so as long as employers follow certain rules and respect concepts of fairness. We will discuss the most important rules and concepts below. The new legislation applies to agreements or agreements that restrict, prohibit or restrict a worker`s competitiveness with his or her former employer after dismissal. It is worrying whether the law treats non-recruitment agreements for workers and customers as prohibited non-competition agreements. Although non-invitation agreements are not expressly covered by law, the definition of « confederation to not face competition » may include prohibitions against customer demand. The law states that a non-compete agreement « does not prevent » a worker from providing services to the employer`s customers or customers « if the employee does not initiate or solicit any contact with the customer or customer. » (Added highlight) This is likely to mean that non-competition bans may prevent workers from recruiting the employer`s clients. There is less textual support for the conclusion that the definition of non-compete clauses does not include workers` requirements, but employers should monitor the interpretation of these definitions by virginia courts. Virginia may be for lovers, but it no longer likes non-competition bans. From 1 July 2020, employers will not be able to enter into, apply or threaten to impose a non-competition agreement with a « low-wage employee ». As has already been pointed out, this legislation is just one of many new labour laws passed in the 2020 legislature. Virginia is the newest state that tends to impose a ban on the use of non-competitive competitions for low-wage workers (although defined) and to refuse a wholesale ban in California/Oklahomas/North Dakotas for all non-competitors of workers. (For a summary of recent changes and legislative and regulatory efforts, see « Federal Initiatives Without Competition: If You Can`t Convince States, Ask for Food. » The Virginia Supreme Court disapproves of the non-competition prohibitions: assuming an employer sues the former employee, the employer has the burden of proving that the former employee has signed a valid non-compete agreement.
This includes demonstrating that the restrictions imposed on the former employee are appropriate. Third, the definition of « confederation, not competing » is broad enough. With only two types of agreements expressly proclaimed, the new law prohibits not only non-competition prohibitions, but any agreement that « restricts, prohibits or otherwise limits a person`s ability to compete after leaving the individual`s employment. » The two agreements specifically referred to are confidentiality agreements (excluded from the scope of the law) and non-service agreements for customers (which appear to be prohibited). Therefore, the most important thing is that, although service contracts are explicitly proclaimed, customer incentive agreements are probably also prohibited for low-wage workers. It remains to be seen what other restrictive agreements will also be covered (for example. B, the forfeiture of competition rules). While Virginia`s new law simply states that « the employer enters into, enforces or threatens not to compete with a low-wage employee, » it also provides that it applies to « alliances that were entered into on Or after July 1, 2020. » (Added highlight) As such, there seems to be a refuge or grandfather before July 1, 2020.