Signed Agreement Not To Compete

In addition, the employer can assert any actual damages or losses it alleges because the worker was eliminated in breach of the obligation not to compete, which could include loss of revenue from customers, loss of secret employer information, and other similar losses. If a non-compete agreement is too broad, can the courts amend it to make it enforceable? Here, too, national law is different. In many States, when courts find that a non-compete agreement is excessive, the judge has the right to treat the agreement in blue pencil; In some states, he or she may even expand its scope. Other jurisdictions apply certain provisions, but eliminate those that deem them inappropriate. Most jurisdictions use some degree of Blue Pencil approach, but some will only deal if the non-compete agreement is divided into discrete sections. Add a salvatorial clause that states that if one part of the agreement is invalidated, the rest should still be enforced. It is generally in cpa`s best interest for the courts to process the agreement, that is, to repeat a provision authorizing a court to amend an agreement in order to support its application. In Virginia, the courts compensate for the function (1), (2) geographic scope, and (3) duration of the CNC in relation to the employer`s legitimate business interests in order to determine their suitability. [62] In addition, NQCs are only appropriate if they prevent the worker from competing directly with the employer and cannot include an activity in which the employer does not participate. [63] Virginia courts will generally not attempt to revise or impose a narrower restriction in a non-compete clause. . .


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