A non-invitation agreement is a less restrictive version of a non-compete clause prohibiting former workers from confronting their former employer. Non-claims are intended to prevent former workers from recruiting clients from their former employer and, because of their narrow orientation, are generally less restrictive than non-competition bans. A non-invitation agreement may be a separate contract or part of a general no-competition agreement. Independent non-appeal agreements are generally narrower than blanket non-competition bans. Under a standard non-formal notice agreement, a worker can only be limited by the levying of customers or employees, but may, by other means, compete with his former employer. Large employment contracts prohibiting a worker from practising his or her chosen profession, restricting competition or restricting post-employment activities are flouted by Virginia courts and end up as a trade restriction. This also applies to non-invitations that prevent people from contacting and recruiting former clients and clients, former partners or former employees. Non-injunctions are generally considered by Virginia courts with a similar aversion with which they consider alliances not to compete, and some Virginia courts have entered into such agreements for reasons similar to those of non-competition. This case reminds us that it is important for Virginia employers to be careful and thoughtful about the specific language used in their non-competitive, unpaid and other restrictive agreements and to ensure that the language is not broader than necessary to protect legitimate business interests.

Of course, in this case, they were independent contractors and not collaborators. Had the defendants been employees who would have more than only participated in the discrete duties of their consulting contracts, the Tribunal would have tolerated a broader competitive inability provision. Nevertheless, employers should ensure that restrictive alliances are devised in demanding language that cannot be interpreted hypothetically. For example, in Virginia and in a growing number of states, if a non-compete agreement could be used to prohibit someone from working in any function for another company, even if that ability is not competitive with the previous employer or does not refer to the worker`s work for the previous employer, it may be vulnerable to be questionable. Virginia employers should take this opportunity to review their restrictive agreements to assess their suitability and applicability. It is important to understand the content of each contract you need to sign. Before signing a non-invitation agreement, you should contact a lawyer to help you check the fine lines. We assist federal and private employees in all aspects of non-demand agreements, including development, verification and enforcement.