Virginia Employment Agreement / Offer Letter (2026)

A job offer letter or full employment agreement with pay, benefits, confidentiality, IP and restrictive covenants drafted to your state's non-compete, sick-leave and pay-timing rules.

Updated September 11, 2026≈ 10 minReviewed against Va. Code § 40.1-28.7:8 · Va. Code § 40.1-29 · Va. Code § 40.1-28.7:12

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What you'll get

Sample first page of the Employment Agreement / Offer Letter. Your answers fill in the blanks; the clauses required in Virginia are added automatically.

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What this document covers

Offer letter or full employment agreement in one wizard
Position, duties, location and start date
At-will or fixed term
Exempt / non-exempt status with FLSA overtime note
Salary or hourly pay, bonus and commission plan
Benefits, PTO and state paid sick leave
Confidentiality, DTSA notice and IP assignment with state carve-outs
Non-solicitation and state-compliant non-compete
Termination, final pay timing and return of property
Optional arbitration, governing law, state new-hire notices

Virginia rules that this document follows

Non-compete rule	Limited — void below $78,364.52/yr (2026)Source: Va. Code § 40.1-28.7:8
Invention-assignment carve-out	No statute — agreement controlsSource: No state invention-assignment statute; common law and the agreement control (own-time inventions unrelated to the business generally remain the employee's)
Pay frequency	at least once every two weeks or twice a month for hourly employees; at least monthly for salaried employeesSource: Va. Code § 40.1-29(A)
Final paycheck	Discharged: next regular payday. Resigned: next regular payday.Source: Va. Code § 40.1-29(A.1)
Paid sick leave	No statewide mandateSource: No statewide paid sick leave mandate
Pay transparency	Pay range required in job postings (all employers)Source: Va. Code § 40.1-28.7:12 (2026)
New-hire wage notice	None requiredSource: No statutory new-hire wage notice; FLSA posting and this Agreement's pay terms suffice
Exempt salary floor	$684.00/week ($35,568.00/yr, 2026) — federal FLSA levelSource: 29 C.F.R. § 541.600

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Employment Agreement / Offer Letter in Virginia

Decide exempt vs. non-exempt honestly: the salary floor and the duties test both matter, and misclassification is the most expensive payroll mistake.

Give the signed offer letter or agreement before the first day, and complete Form I-9 within three business days of the start date.

Non-compete timing: employer must post a copy of § 40.1-28.7:8 or a DOLI summary with other required notices (Va. Code § 40.1-28.7:8). Late delivery makes the covenant unenforceable; it is void anyway below $78,364.52 per year.

Pay transparency: Virginia requires the pay range in every job posting (Va. Code § 40.1-28.7:12 (2026)); the offer letter states the range you enter.

Frequently asked questions

Can I include a non-compete in Virginia?

Only within statutory limits (Va. Code § 40.1-28.7:8): Void for low-wage employees (≤ $78,364.52 in 2026, incl. interns and contractors paid ≤ median wage) and, from July 1, 2025, all FLSA-nonexempt employees; from July 1, 2026 unenforceable if employer terminated without cause and paid no severance; healthcare and franchisee limits (2026); posting required; $10,000 civil penalty. The wizard omits the covenant when the employee's pay or status does not qualify and prints any required notice.

When is the final paycheck due in Virginia?

If discharged: next regular payday. If the employee resigns: next regular payday (Va. Code § 40.1-29(A.1)). Wages must otherwise be paid at least once every two weeks or twice a month for hourly employees; at least monthly for salaried employees (Va. Code § 40.1-29(A)).

Does Virginia require paid sick leave?

No statewide mandate. The agreement refers to your written policy.

What salary makes an employee exempt in Virginia?

$684 per week ($35,568 per year) under the federal FLSA (29 C.F.R. § 541.600); Virginia sets no higher floor. The duties test must also be met.

Does Virginia limit invention assignment?

No statute; the agreement's own carve-out for unrelated own-time inventions applies.

Other names

offer letter
job offer letter
employment contract
employee agreement
at-will employment agreement
executive employment agreement
hiring letter
work contract

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.