Can an employer legally enforce a non-competition statement in their company policies when an actual non-compete agreement was never signed?

I've never signed a non-compete agreement per se, but my company does have a policy in its handbook regarding non-competition and I probably signed an acknowledgement of receiving the handbook and responsibility for knowing its policies. Is this the same as having signed my agreement to a non-compete?

2 answers  |  asked Sep 19, 2015 10:05 AM [EST]  |  applies to Pennsylvania

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Answers (2)

Christopher Ezold
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

That being said, attorney Dabrowski gave you excellent advice. The noncompete is not binding if it is in a policy handbook, without more. This does not mean you won't get sued, especially if the employer doesn't think you have the will or resources to defend yourself. Before doing anything that could lead to a conflict with the employer, have an employment attorney review your matter with you in detail.

/Christopher E. Ezold/

posted by Christopher Ezold  |  Sep 21, 2015 10:24 AM [EST]
Doris Dabrowski
In PA., employee handbooks and policies are not enforceable as contracts, unless the handbook or policy is incorporated into a contract between the employer and employee. Review the wording of the document that you actually signed.

posted by Doris Dabrowski  |  Sep 21, 2015 07:06 AM [EST]

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