In regards to a Non-Compete Contract does the following mean 12 months, or 12 months after working.

Here is the beginning of the non compete. I am wondering if it is for 12 months only, or 12 months after I would leave the company in anyway, (fired, or just want to work for a different company).

I agree that during the course of my employment with the company for a period of 12 months following the termination of my employment with the company for any reason, I will no work for or with in anyway a company that competes with my current company.

2 answers  |  asked Jun 6, 2011 3:05 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, the language means that you will not compete both (a) during your employment and (b) for 12 months after your employment. The language stating that your noncompetition obligation is effective regardless of why you are separated from your employer is generally not enforceable; if you are terminated for no fault of your own, then the noncompete is unlikely to be enforceable. Furthermore, depending on your position and the business(es) engaged in by your employer, it may be possible that you could work for a competitor, if it is an area completely outside of your experience with your current employer.

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

posted by Christopher Ezold  |  Jun 6, 2011 4:58 PM [EST]
Mardi Harrison
Bearing in mind that we do not have an attorney/client relationship, and my answer to your question does not create one, this is pretty standard language, and it means that you are prohibited from working for a competitor for 12 months after termination of your employment with your current employer. To interpret it any other way would mean that all you have to do is work for your current employer for 12 months, and then you are released from the non-compete. In my 17 years of experience in employment law, I've never seen an employer that intended the second meaning.

posted by Mardi Harrison  |  Jun 6, 2011 3:24 PM [EST]

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