How do I get out of my Noncompete contract from a previous employer?

I worked for a home health aide company located in Fairfield, PA for less than four months. Toward the end of my employment there, I was led to another job where it would better hours, more convenient, higher pay, and just overall, more fulfilling. Upon telling my supervisor about this prospect, and to put in my "two-week" notice, she proceeded to tell me that in doing so, I would breach my employee contract and they would/could pursue in court and file litigation. I was completely shocked and appalled when I heard this and asked them why. They told me that I signed a Noncompeting contract when I was hired. Obviously, I had absolutely no idea about this. Sadly I was overwhelmed, anxious, and excited all at the same time that I failed to read my contract thoroughly. This clause is holding me back from obtaining any type of job in my area of experience within 50 miles of Fairfield, PA for the next three years. Had I known that these restrictions existed in my contract, I would have never signed it, or accepted the employment opportunity. This is taking a huge toll on me, my family and my finances. The Health field is the only career field I have experience in and this whole ordeal is really hindering my life in a negative manner. Is there anything I can do? Any help would be greatly appreciated. Thank you for your time and consideration.

2 answers  |  asked Feb 3, 2012 3:23 PM [EST]  |  applies to Pennsylvania

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 or Federal law apply, unless otherwise specified.

That being said, you are generally going to be held to a contract that you signed, even if you missed reading a critical part of it. That does not mean that the noncompete is enforceable, however. There are many requirements a noncompete must meet to be valid and enforceable, and they are frequently missed. I'd have to read your agreement and speak to you to determine if it is enforceable.

You mentioned that this is taking a toll on your finances; if you have been terminated by your employer without cause, the noncompete may not be enforceable.

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

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Feb 4, 2012 10:15 AM [EST]
Harold Goldner
First of all, for goodness' sake if you can edit the question, REMOVE THE NAME OF YOUR EMPLOYER.

Secondly, there is simply no way anyone can answer this question online. You need to see an attorney who can review the terms of the agreement as well as the circumstances under which you signed the agreement, and finally, issues regarding your former position and prospective position. There is no "general answer" that applies to your situation --- these cases are fact-specific, and require an analysis of the actual contract/covenant not to compete.

Do not expect to rely upon a website to substitute for competent legal counsel --- an you need competent legal counsel NOW.

posted by Harold Goldner  |  Feb 3, 2012 3:27 PM [EST]

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