Non-compete obligations are very specific to the State. Fontanesi said some states may even impose sanctions on companies that require an employee to sign a non-compete clause that does not comply with that state`s laws. Therefore, you must be well informed about the state laws that govern your non-compete obligation. Employers should consult a lawyer before letting their employees sign a non-competition clause. In order to reach our final lower limit, we make an additional correction. As noted above, the survey was limited to private enterprises with 50 or more employees. Data from the Bureau of Labor Statistics shows that in 2017 (the year the survey was conducted), 27.9% of private sector employment took place in companies with fewer than 50 employees.15 To adjust our lower limit to companies with fewer than 50 employees, we need a lower limit on the proportion of workers in small businesses, which are subject to non-competition clauses. It should be recalled that Table 1 shows that small enterprises tend to have all their employees sign non-compete obligations rather than large enterprises. This means that it is likely that the proportion of companies with fewer than 50 employees where all their employees sign non-compete obligations is not significantly lower than that of large companies. However, since we calculate a lower limit, we prefer to be very conservative. Therefore, we show the lowest proportion of companies where all their employees sign non-compete obligations, from Table 1 with 22.2% of companies with fewer than 50 employees. An adjustment to account for small enterprises – i.e. assuming a lower limit of 22.2% of employees covered by non-competition clauses in the 27.9% of enterprises with less than 50 employees and a lower limit of 30.0% of employees covered by non-compete clauses in the remaining 72.1% of enterprises – results in an overall half limit of 27.8% of employees in the private sector, who are covered by non-compete clauses.16 In Virginia, there is a lower limit of 27.8% of private sector employees covered by non-compete clauses.
The courts derated (1) the function, (2) the geographical scope and (3) the duration of the CNC in relation to the employer`s legitimate business interests in order to determine its reasonableness.  In addition, NQCs are only appropriate if they prevent the employee from competing directly with the employer and must not include an activity in which the employer is not involved.  Virginia courts will generally not seek to revise or enforce a narrower restriction in a non-compete obligation. Therefore, a design error or unenforceable restriction may result in the entire Agreement being unenforceable in Virginia.  Non-compete obligations are also common in the IT sector, where employees are often burdened with proprietary information that can be considered valuable to a company. Other places where these agreements are located are the financial industry, business and manufacturing. Given the pervasiveness of non-compete obligations, the real harm they cause to workers and competition, and the fact that they are part of a growing trend where employers require their employees to abolish their rights as a condition of employment, non-compete obligations can and should be prohibited either by law, or by regulation. .