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Employment & Non-Compete Agreements

Although Virginia is an “at-will” state, many companies and executives find it prudent to use employment contracts. Some employers are now seeking to limit the possibility of class actions by requiring employees to use mandatory arbitration provisions and other alternative dispute resolution mechanisms. However, the most common use of employment contracts with employees is where the agreement is designed to protect trade secrets and confidential information, to require the assignment of intellectual property and inventions, and to prevent unfair competition.

Our employment law attorneys have substantial experience in helping companies with these issues. These agreements may address a wide range of issues such as:

  • Incentive compensation arrangements
  • Stock options
  • Restrictive covenants
  • Intellectual property provisions
  • Termination provisions, with and without cause
  • Change of control provisions
  • Arbitration and Alternative Dispute Resolution (ADR) agreements

Non-Compete Agreements

Restrictions to limit unfair competition are often included in employment agreements. Our attorneys are experienced in assisting employers that are faced with not only issues regarding the protection of their most valued assets, but also the issues that arise when hiring a key employee from a competitor. We help clients respond quickly and decisively regarding matters that involve misappropriation of trade secrets, unauthorized disclosure of confidential information, soliciting customers and pirating employees. We can assist in the following areas:

  • Drafting noncompetition, non-solicitation and nondisclosure agreements
  • Conducting investigations with the assistance of forensic experts to determine whether a misappropriation has occurred
  • Analyzing risks and implementing strategies when hiring employees with noncompetition agreements
  • Advising companies on the steps necessary to protect confidential information and to maintain such information so that it is qualifies as a trade secret
  • Litigating non-compete agreements and obtaining injunctive relief
  • Litigating issues involving duty of loyalty, tortious inference, business conspiracy and unfair business practices
Have questions? Contact us.