Employment Agreement in Virginia: What It Includes, Types, Enforceability, and More!
An employment agreement is one of the documents every new employee must review and sign. This document is a legally binding document between the employer and employee that includes the terms of the working relationship.
As an employee, it is, therefore, essential to review its components to establish these conditions. That way, you will understand your roles better and avoid disputes that could otherwise arise between you and the employer.
What is Included in the Virginia Employment Contract?
An employment agreement entails various information. This varies depending on the type of agreement. But here are some of the common details.
- Salary and benefits
- Job title and responsibilities
- Job duration and schedule
- Termination terms
- Liabilities protection
The agreement will also include clauses like non-compete and non-disclosure clauses. While it is common for employers to draft the contract only when hiring highly paid skilled workers, the contracts are also helpful when hiring regular employees.
Are Employment Contracts Enforceable in Virginia?
Employment contracts are enforceable in Virginia if they abide by the provided state and contract laws. For instance, the contract laws demand that all agreements have an acceptable and consideration offer.
The law also requires that all parties enter this contract voluntarily. It must also not violate criminal statuses or public policy.
Virginia also accepts restrictive contracts like non-compete agreements. But they must also meet specific requirements as stipulated in the code of Virginia protecting employees. Some of the noteworthy restrictions stipulate that:
- The agreement must not be oppressive in a manner restricting employees from finding work.
- The agreement must abide by all Virginia public policy.
- Non-compete agreements must not have unrealistic restrictions in protecting business interests.
Virginia also enacted a law in 2020 banning no-compete agreements completely for low-earning employees. Typically, this applies to workers who earn an average weekly wage below what Virginia stipulates.
Like many other states, Virginia follows the at-will employment doctrine. These laws stipulate that employers can terminate an employee’s contract for or without reason. But the case can be different in two instances. One is the public policy exception that restricts employers from firing employees if the cause involves compliance with state policy.
Second is a valid employment agreement in Virginia, which will override the at-will employment law. With this, employees will have their rights protected according to the contract terms.
Legal Requirements of Employment Contracts
Employment agreements in Virginia can be either written or verbal. Since the state is extra lenient regarding the legal requirements of these contracts, employers must be cautious when getting into any agreements.
Any informal conversation, like a text message, can be termed a binding employment contract. This will not matter even if the employer did not mean to create the agreement in the first place.
Types of Employment Contracts in Virginia
Virginia has several types of employment contracts. They differ primarily based on the type of employment, the contract duration, and the employee to be hired. Here are some of them.
- Permanent employment is an indefinite contract created to hire employees for a company until the employee decides to terminate the agreement.
- A fixed-term employment agreement is a contract with clearly defined engagement start and end dates.
- Independent contractor agreement is used for contracts and freelancers who are not company permanent employees.
- A confidentiality agreement, also called a non-disclosure agreement, is a restrictive contract that prevents employees from sharing confidential information about the company.
- A non-compete agreement is another restrictive contract that protects employers by limiting employees from working for competitors or starting a venture in the same industry.
When creating an employment agreement in Virginia, everything must be accurate. One way to ensure your agreement sample template is in order is by getting it from a reliable source like Forms.legal. We are the most trusted provider of up-to-date, free Virginia employment agreement forms that you can quickly fill online, download, and print.