Does a non-compete carry over if I transfer to a new position within the same company?

I signed a non compete agreement when I hired on in a particular division with my current medical sales company. About one year ago, I was granted a transfer to a different division that sells different products. I was given a new title, a new job desription, new business cards that reflected the change of title and I now work for a different chain of command. A replacement was hired to fill my previous position. I did NOT sign a new non-compete. I am considering taking a job with a competing medical sales company that only sells competing products of my 2nd position. Does my non-compete apply only to the products and training for which I was originally hired?

1 answer  |  asked Nov 7, 2005 10:59 PM [EST]  |  applies to Pennsylvania

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Answers (1)

Christopher Ezold
Changing positions within a company generally does not invalidate a noncompete.

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, changing positions within a company generally does not invalidate a noncompete. The noncompete will be valid or not depending on the legitimate business interests your employer has to protect if you were to move to the potentially competing employer. This is a detailed factual analysis.

Furthermore, your noncompete may be invalid, inapplicable or unenforceable for other reasons. Noncompetition agreements are frequently not administered correctly or are drafted badly, leading to their failure.

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  |  Nov 8, 2005 08:26 AM [EST]

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