Did I sign a Non-Compete?

My offer letter from my current work contained this:

"This offer of employment is contingent upon your execution of a non-competition, non-
solicitation and confidentiality agreement, prior to commencement of employment. Employment
is also contingent on the successful completion of an FBI and PA State background check, as
well as a drug test. The general scope of the non-compete and non-solicit provisions will be 24
months following termination of employment and the non-competition area will be the
Commonwealth of Pennsylvania. Moreover, you will have a continuing obligation to protect
Company's confidential information."

However, I never signed any actual non-compete agreement with the company, and certainly not prior to the commencement of employment. My offer letter was the only place it has ever been mentioned. I am currently interviewing for another similar position, and want to make sure I'm in the clear.

Additionally, I'm not actually doing what I was hired to do; what my job description states.

I don't think that the non-compete will really hold up, I'm just curious if I'm correct.

EDIT: The quoted section above is from the offer letter, but no actual non-compete was ever offered to me to sign. In fact, when I inquired about the drug test, they just laughed.

1 answer  |  asked Feb 11, 2015 10:27 AM [EST]  |  applies to Pennsylvania

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

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, you likely are not bound by a noncompetition agreement. You are likely bound by an agreement to sign one - so you may have an issue there. It would be hard, however, to attempt to enforce that, as you could easily say that you would never have signed what they demand you sign now - and would have quit. If the terms were not in the initial offer letter, then I think you are likely free of any obligation. You should have this reviewed by an employment attorney ASAP, however, prior to accepting another job, in order to ensure that you do not expose yourself to liability.

/Christopher E. Ezold/

posted by Christopher Ezold  |  Feb 11, 2015 10:37 AM [EST]

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