Can my employer enforce a non-compete if I was fired?

Whether a non-compete survives involuntary termination depends on Virginia law and the specific circumstances.

What should I know about severance agreements?

Severance agreements typically include waivers of legal claims, non-compete provisions, and confidentiality clauses. Have an attorney review before signing.

Can I negotiate my employment contract?

Yes. All terms of an employment contract are negotiable. Key items to review include compensation, termination provisions, non-compete clauses, and dispute resolution mechanisms.

Topic guideUpdated 2026-02-27

Virginia Employment Contracts & Non-Competes

Non-compete enforceability, severance agreements, and contract issues under Virginia employment law.

Employment relationships in Virginia are governed by at-will principles unless modified by a written contract §40.1-28.

Non-Compete Agreements

Non-competes enforceable if reasonable in scope, duration, and geographic area; 2020 legislation prohibits non-competes for low-wage employees (earning less than the average weekly wage); courts apply a reasonableness test and may blue-pencil overbroad provisions §40.1-28.7:8.

Key Non-Compete Factors

	What Courts Examine
Duration	Whether the time restriction is reasonable
Geographic Scope	Whether the area restriction matches the employer's legitimate business area
Scope of Activity	Whether the restricted activities are narrowly tailored
Consideration	Whether the employee received adequate consideration for signing
Hardship	Whether enforcement would impose undue hardship on the employee

Severance Agreements

Read the entire agreement carefully before signing

Understand what rights you are waiving (often including the right to sue)

Note any non-compete, non-solicitation, or non-disparagement clauses

Consult an employment attorney before signing

⚠Signing a non-compete or severance agreement without understanding its terms can limit your future employment options and legal rights.

✓Non-compete agreements signed without adequate consideration may be unenforceable. An attorney can evaluate your specific agreement.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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