I was laid off from a temp agency and no work was available. Will my non-compete still hold up?

I worked for Job "A" in Tamaqua, a staffing agency of which I signed a non-compete policy which stated I could not work for another staffing agency for up and until a year had transpired after my termination. However, I was laid off of the company due to no fault of my own and there was no other work available for me at that time. Now, just shy of 6 months later, I have been presented with an offer from another staffing agency in Hazleton, PA (Job "B") who sought me out and are willing to give a much higher rate of pay, a full time position, and benefits. I wish to pursue Job "B" however, now my old employer has stated that they will pursue legal action against me if I were to do so. In fear of having to take me to court and possibly losing me all together, Job "A" has suddenly offered me a posit 0.
ion within their company for a 3rd party client of theirs in McAdoo, PA in hopes that I would not take the offer from the other agency. I received a call from an employee of this 3rd party client stating that the manager of Job "A" relayed some personal
+/*+formation of mine to the HR Manager of Job "C", the third party client, via e-mail of which the information violated HIPPA. The Manager of Job "A" told Job "C" of my personal situation and contract I've signed with Job "A" and how they would take me to court if I pursued my future employment with Job "B". I need to know if the non-compete will hold in court and if there are any loop holes of which will make it possible for me to work with Job "B" without any legal ramifications from Job "A" being enacted on me. Both "B" and "C" want me as an employee after the interviews and have a start date of Monday 3/25/13. I really need some assistance as to what to do since I'm only trying to better and make a career for myself. Please help! Thank you!

1 answer  |  asked Mar 22, 2013 06:52 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, I would need to review your noncompete to give you accurate advice; however, if you were laid off for no fault of your own, and there was no work for you at the time, then it is likely that the noncompete would not be enforceable. The fact that old employer is offering you another position is a new twist that I don’t believe has been reviewed by the courts. The prior employer’s behavior regarding your health information is likely not going to be legally relevant; however, there may be other reasons why your noncompete is not valid. You should speak with an employment attorney ASAP. I handle noncompete matters regularly and would be happy to discuss with you.

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

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Mar 22, 2013 07:15 AM [EST]

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