Employment Contract requirements in Virginia
- Both parties must be of legal age (18+) and mentally competent to sign a contract.
- The contract must be based on a lawful purpose and mutual consideration (what each party gives and receives).
- For written contracts, signatures of both parties are required, and keeping a copy is recommended.
- Virginia law does not require contracts to be notarized unless the contract involves real estate or is explicitly required by statute.
- Employers must provide a written employment agreement if it specifies a definite term longer than one year (per the Statute of Frauds).
- For independent contractor agreements, ensure the relationship meets the IRS and Virginia tests for independent contractor status.
How to create a Employment Contract in Virginia
- 1. Determine the type of agreement needed: employment contract, freelance contract, or independent contractor agreement.
- 2. Include key terms: job duties, compensation, benefits, work schedule, and duration (if not at-will).
- 3. Ensure compliance with Virginia's at-will employment default—unless the contract states otherwise, either party can terminate without cause.
- 4. Add specific clauses if needed: non-disclosure, non-compete (be mindful of Virginia’s limits on non-competes for low-wage workers), and dispute resolution.
- 5. Both parties should review carefully; consider having an attorney review complex agreements.
- 6. Sign and date the contract. While notarization isn't mandatory, having witnesses or a notary can help verify signatures.
What a Employment Contract typically costs
Creating an employment contract in Virginia can cost anywhere from $0 (if you use templates or DIY) to $500 or more if you hire an attorney for a custom agreement. Online legal services often charge $50–$100 for basic templates. Note that notarization fees, if you choose to notarize, typically run $10–$20 per signature.
Ready to draft your Virginia employment contract? Start with a solid template today!
Create your employment contractBefore You Begin: Virginia Employment Contract Checklist
Prepare to create a valid employment contract in Virginia by gathering key information and understanding state-specific requirements.
- Know the distinction: classify the worker as an employee or independent contractor—misclassification can lead to penalties.
- Gather the employee's full legal name, address, Social Security number (or ITIN), and job title/description.
- Decide on compensation details: salary/hourly rate, pay frequency, overtime policy, and commission or bonus structure.
- Have the employee handbook or relevant policies ready to reference or incorporate by reference.
- Virginia does not require notarization for employment contracts, but if you choose to notarize, the signer must appear with valid ID.
- Check if any non-compete or non-solicitation clauses are necessary—Virginia restricts non-competes for low-wage employees.
Frequently asked questions
Are employment contracts required in Virginia?
No, but they are recommended. Most Virginia employees are 'at-will,' meaning they can be fired or quit at any time without cause. A written contract can establish terms, job security, and benefits beyond at-will defaults.
Does a Virginia employment contract need to be notarized?
No, notarization is not required for most employment contracts. However, getting it notarized can add legal weight to the document and help in case of disputes over signatures.
Can an employer require a non-compete agreement in Virginia?
Yes, but with limits. Virginia has restrictions on non-competes for employees making under a certain threshold (as of 2020, under $60,000/year or $100,000 for certain roles). Always ensure your non-compete is reasonable in scope, geography, and duration.
What is the difference between an independent contractor and an employee in Virginia?
Independent contractors have more control over their work and are not entitled to benefits like unemployment or workers' comp. Virginia uses factors like control, financial arrangement, and worker's opportunity for profit/loss to determine classification. An independent contractor agreement clarifies the relationship.