Non-Compete Lawyer Roanoke, VA
Non‑compete agreements can abruptly limit where and for whom you can work after leaving a
job. In Roanoke, where healthcare, manufacturing, and technology employers commonly seek
contractual restrictions on former employees, an unenforceable non‑compete can still disrupt your
career and income. Virginia law draws important lines—especially after 2020 amendments to
Va. Code § 40.1‑28.7:8 that bar non‑competes for many low‑wage workers—and the same law
requires any non‑compete to be reasonable in scope, geography, and duration. A court in the
Roanoke City Circuit Court or the Roanoke County Circuit Court will scrutinize an agreement under
these standards before enforcing it. Law Offices Of SRIS, P.C. represents employees and business
professionals across the Roanoke Valley in non‑compete disputes, from pre‑suit negotiation
through trial when necessary. Mr. Sris and his Of Counsel bring extensive experience in Virginia
business litigation, and they work to protect your ability to earn a living. For a consultation about
your non‑compete situation, reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Non‑Compete Law in Roanoke
Non‑compete claims in Roanoke are governed by Virginia law, which enforces
post‑employment restrictions only when an employer can show the restrictions are narrowly
tailored to protect a legitimate business interest and are no broader than necessary. The
reasonableness analysis—examining the geographic area, the length of time, and the scope of
activities restricted—applies equally in the Roanoke Valley as elsewhere in the Commonwealth.
Local courts, including the Roanoke City Circuit Court and the Roanoke County Circuit Court,
apply the same judicial standards, and counsel experienced in those courts understands how
Virginia judges evaluate the reasonableness factors.
An important 2020 change: under Va. Code § 40.1‑28.7:8, an employer cannot enter into,
enforce, or threaten to enforce a non‑compete covenant against a low‑wage employee, defined
by the statute. For workers whose average weekly earnings fall below the threshold, a non‑compete
is void. Outside of that protected category, an employer must still satisfy the reasonableness test
and bear the burden of proving that the restriction is no greater than needed. A non‑compete that
fails either prong is unenforceable, and a court may decline to reform—or “blue‑pencil”—the
agreement. Mr. Sris and his Of Counsel evaluate non‑compete agreements under this framework
at the outset of every engagement.
How Mr. Sris and His Of Counsel Approach Non‑Compete Disputes
When a client receives a demand letter or a complaint seeking to enforce a non‑compete,
the team begins by obtaining the signed agreement and records detailing the former position,
compensation, duties, and industry context. The agreement is then evaluated for enforceability
under Virginia law: whether the employer can identify a legitimate business interest, whether the
geographic and temporal scope is reasonable, and whether the worker falls within the low‑wage
carve‑out. Where the agreement appears overbroad or otherwise invalid, Mr. Sris and his Of Counsel
pursue a negotiated resolution—often a letter response citing the statutory framework and relevant
Virginia precedent—that allows the client to move forward without litigation.
When litigation is unavoidable, Mr. Sris and his Of Counsel handle all phases of the case in the
Roanoke Valley courts. That includes drafting and arguing motions for temporary or preliminary
injunctive relief, propounding discovery to test the employer’s claimed business interest, and
presenting evidence at trial. The strategy is grounded in the statute and in the body of Virginia
appellate decisions that have shaped non‑compete analysis over the last two decades. Every
matter is managed with the recognition that a non‑compete dispute is not just a contract case—it is
a direct threat to a person’s livelihood, and Mr. Sris and his Of Counsel treat it accordingly.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been admitted in Virginia,
Maryland, the District of Columbia, New Jersey, and New York since 1997. He has handled
complex civil litigation in Virginia state courts for more than twenty‑seven years, including
business‑agreement disputes that involve non‑compete, non‑solicitation, and confidentiality
provisions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support
of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel colleagues bring extensive
experience in contract and commercial litigation. Together, Mr. Sris and his Of Counsel bring
over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions About Non‑Compete Agreements in Virginia
Are non‑compete agreements enforceable in Virginia?
Yes—but only when the restriction is no greater than necessary to protect a legitimate employer
interest and is reasonable in geographic scope, duration, and the activities it forbids. Virginia courts rigorously
apply this three‑part test, and an overbroad non‑compete will not be enforced. If the worker is a low‑wage
employee as defined by Va. Code § 40.1‑28.7:8, the agreement is void regardless of reasonableness.
Employers bear the burden of proving enforceability. For a specific evaluation of your agreement, reach
Law Offices Of SRIS, P.C. at (888) 437‑7747.
What does Virginia’s low‑wage worker non‑compete statute prohibit?
It prohibits an employer from entering into, enforcing, or threatening to enforce a non‑compete
agreement against an employee whose weekly earnings fall below the statutory threshold. The statute,
effective 2020, applies to any covenant not to compete, whether entered before or after the effective date.
An employer who violates the prohibition may face civil penalties. Even for workers who do not fall under
the low‑wage definition, the reasonableness standard still applies, and an overbroad restriction remains
unenforceable. For guidance on your situation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What should I do if my former employer is trying to enforce a non‑compete against me?
You should immediately give a copy of the signed agreement and any correspondence from the
employer to a Virginia business‑litigation attorney. Do not ignore the demand or agree to abide
by the restriction without legal advice, as your response can affect your rights. An attorney can
first evaluate whether the agreement falls under the low‑wage prohibition or is otherwise unenforceable,
and then can respond to the employer with a demand for withdrawal or modification. Prompt action
helps avoid an erosion of your negotiating position. To discuss your next steps, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How can an attorney help with negotiating a non‑compete agreement at the start?
An attorney can review the proposed non‑compete before you sign and negotiate revisions to
limit the scope, geography, and duration to what is truly necessary. Many non‑competes are presented
as a take‑it‑or‑leave‑it term, but a carefully crafted response that cites the reasonableness requirements
under Virginia law can often achieve a more favorable agreement. Having an attorney involved from the
outset also creates a record that may be useful if the agreement is later disputed. For a consultation
about a proposed non‑compete, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What remedies can a court award if a non‑compete is violated?
A court may issue an injunction prohibiting the former employee from continuing the competitive
activity, and it may award monetary damages for losses the employer proves. In Virginia, an injunction
is the most common remedy sought by the employer, and the court will weigh the balance of hardships
when deciding whether to grant one. Damages are recoverable only if the employer demonstrates actual
loss. An attorney can challenge the employer’s claimed damages and argue against an injunction. Results
vary; prior outcomes do not guarantee a similar result
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.