Virginia Non-Compete Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
Non-compete law is the most state-divergent area in employment contracting — four states ban these agreements outright, a dozen more impose salary floors or notice rules, and the rest apply judge-made reasonableness tests that differ in temperament. This page covers what Virginia requires; the download is our standard non-compete template, to be scoped to Virginia's rules below.
Virginia non-compete rules at a glance
| Enforceability | Enforceable above the wage threshold (Va. Code §40.1-28.7:8); strict scrutiny in court. |
|---|---|
| Protected workers / thresholds | Void for 'low-wage employees' (below the state average weekly wage, ≈$1,400/week, indexed) — including most independent contractors and interns |
| Required formalities | $10,000 civil penalty per violation; posting requirements |
| Overbroad agreements | No reformation — Virginia courts enforce as written or not at all |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How Virginia handles non-compete agreements
Virginia is double jeopardy for employers: a wage-floor ban with per-violation fines on one side, and a no-reformation judiciary on the other — the covenant must be born valid or it dies whole. The practical drafting rule for Virginia: enforceable above the wage threshold (Va. Code §40.1-28.7:8); strict scrutiny in court.. Before using this template, confirm the current statute — non-compete law has changed in more than a dozen states since 2020, and the FTC's federal ban attempt keeps the area moving.
Virginia non-compete agreement FAQs
Are non-compete agreements enforceable in Virginia?
Enforceable above the wage threshold (Va. Code §40.1-28.7:8); strict scrutiny in court. Coverage limits matter here: void for 'low-wage employees' (below the state average weekly wage, ≈$1,400/week, indexed) — including most independent contractors and interns.
What happens to an overbroad non-compete in Virginia?
No reformation — Virginia courts enforce as written or not at all Draft to the narrowest restriction that protects the actual business interest — the safety net (or lack of one) above is what you're betting on.
What formalities does a Virginia non-compete require?
$10,000 civil penalty per violation; posting requirements Procedural failures are now the most common way non-competes die — more common than substantive overbreadth in states with notice rules.
Does the FTC non-compete ban apply in Virginia?
The FTC's 2024 rule banning most non-competes was set aside by a federal court before taking effect and remains in litigation, so it is not currently in force in Virginia or any state. State law controls — which is why the state-specific rules above are the ones to draft around.
The full non-compete agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: Non-Compete Agreement Template — full guide and download.