This case reminds us that it is important for Virginia employers to be careful and thoughtful about the specific language used in their non-competitive, unpaid and other restrictive agreements and to ensure that the language is not broader than necessary to protect legitimate business interests. Of course, in this case, they were independent contractors and not collaborators. Had the defendants been employees who would have more than only participated in the discrete duties of their consulting contracts, the Tribunal would have tolerated a broader competitive inability provision. Nevertheless, employers should ensure that restrictive alliances are devised in demanding language that cannot be interpreted hypothetically. For example, in Virginia and in a growing number of states, if a non-compete agreement could be used to prohibit someone from working in any function for another company, even if that ability is not competitive with the previous employer or does not refer to the worker`s work for the previous employer, it may be vulnerable to be questionable. Virginia employers should take this opportunity to review their restrictive agreements to assess their suitability and applicability. Joe resigns from XYZ. He has an excellent administrative assistant, and he`s trying to ask him to come with him. If he has signed a non-invitation agreement, he may not be able to do so without risking legal action. This request to employees may also be necessary in the event of a sale of a business. Sharon sold her holistic health practices, and she tried to take her office manager.
Same agreement: it`s an invitation. Non-requirement is one of three types of restrictive agreements, the other two being non-competition and confidentiality agreements (confidentiality agreements). All three try to limit or force someone not to do something, either during the job or after. To be enforceable, they must have appropriate schedules, surfaces and ways of working. Non-contracting agreements are intended to prevent an independent worker or contractor from soliciting customers of the company for his own benefit and to the detriment of the company while employed by the company or providing services, and for a period after the termination of the employment or business relationship. This is often extended, even if not always, in order to prohibit the request of other employees of the company after the termination of the employment relationship or the business relationship. PandaTip: It is important to note that the non-invitation agreement is not declared invalid if an article of the agreement is considered by a court to be unenforceable or non-binding. This proposal makes it clear that the validity of this agreement does not depend on the validity of a single article in it.