Virginia Employment Contracts

Are employment contracts in Virginia legal?

YES.

Are they binding?

YES – but if a provision in the Contract is unreasonable (ie – noncompete provision), a Virginia court could find the provision is not binding.

Are contracts binding in a right to work state?

Yes, Again, right to work only means you can’t be forced to pay union dues. Employment agreements have nothing to do with “right to work state.”

What are your obligations under Virginia law without an employment agreement? There are many:

1. You will not divert business away from your current employer (that means starting your own company and taking clients while still employed) – Fiduciary Duty

2. You will not use confidential information for your own benefit – Trade Secret Act

3. You will not harm the reputation of your employer – Defamation

4. You will not take employer’s property and use it for your benefit- Conversion

Often times employment contracts contain language regarding the above duties. Even without a contract, there are certain activities you can and cannot do under Virginia law.

Want to know more? Contact an attorney who can tell you what your agreement means, and what obligations you have under Va law.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.