Are employers allowed to impose non-solicitation clauses in an employment contract?

In Virginia, employers are allowed to impose non-solicitation clauses in an employment contract. Generally, a non-solicitation clause in an employment contract is an agreement between an employer and an employee that prohibits the employee from soliciting or attempting to solicit clients, customers, or other employees of the employer. Non-solicitation clauses are enforceable in Virginia only when they are reasonable and limited in scope, duration, and geographical area. A non-solicitation clause may be deemed unreasonable if it is too broad or if it restricts the employee from engaging in fair competition after the employment relationship ends. In addition, even when a non-solicitation clause is reasonable, it cannot be used to bar an employee from contacting former clients for the purpose of providing services that are similar to those that the employee provided while employed. Furthermore, the clause must contain specific language that is clear in its purpose and intent. In sum, employers in Virginia are allowed to include non-solicitation clauses in employment contracts, but within certain parameters. Such clauses can be enforced only when they are reasonable and limited, and must contain specific language in order to be enforceable.

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Are employers allowed to impose non-solicitation clauses in an employment contract?

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