Can a non compete apply to select employees even if they hold the same position as others not asked

I work at a medical practice that was staffed with 2 doctors. One doctor is setting up a new practice and several employees will likely be going to work with him. The doctor that is staying presented a non compete to several employees that are the most likely to leave. Can a non compete be presented only to select employees? It should be noted that there are employees with the same job that did not receive a non compete to sign.

2 answers  |  asked Dec 6, 2008 1:05 PM [EST]  |  applies to Pennsylvania

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Answers (2)

Doris Dabrowski

I concur with Mr. Ezold. You should not sign any proposed agreement without scrutinizing its validity and negotiating the terms that are acceptable to you. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115

posted by Doris Dabrowski  |  Dec 8, 2008 10:15 AM [EST]
Christopher Ezold
A noncompete can be presented to only select employees; however, it may require payment in this case

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, a noncompete can be presented to only select employees; however, it may require payment in this case. Since the noncompetition agreement is being presented to employees who are already employed, the law requires that they receive something of value for their agreement - cash, promotions, valuable perks, etc. The value of the noncompete to those employees in practical terms is essentially whatever it would take to keep them from leaving. This sounds like it could be a messy situation; the best method of resolving it is likely a negotiated agreement between the doctors, without burdening the employees.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Dec 7, 2008 07:08 AM [EST]

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