Is my non compete agreement enforcable?

It is a part of my employment agreement and there are aspects that seem overly broad like an entire industry and all of the US.

3 answers  |  asked Oct 22, 2018 11:13 AM [EST]  |  applies to Pennsylvania

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Answers (3)

Doris Dabrowski
I urge employees to attempt to negotiate the scope of a non-compete agreement before signing. Unless there is no quid pro quo or some other unusual basis to invalidate the agreement, non-compete agreements are enforceable in Pa. A court could "blue-pencil" an agreement that is too broad for the reasonable protection of the employer's interest in light of the harm to the employee.
You should consult an attorney about the specifics of your situation.

posted by Doris Dabrowski  |  Oct 22, 2018 11:55 AM [EST]
Christopher Ezold
Attorney Leah gave you good advice. Noncompetition agreements are very situational; the facts of how you became employed, the terms of the agreement, how you actually worked for the employer, what the industry is, what information and customers to which you were exposed, the nature of potential future employment, etc., all factor in to whether the agreement is enforceable against you. You should have it reviewed by an employment attorney and discuss your goals and pathways to move on from your current employment.

posted by Christopher Ezold  |  Oct 22, 2018 11:26 AM [EST]
Scott Leah
It depends. Non-competes are enforceable in Pennsylvania, but they have to be supported by adequate consideration, the employer must have a legitimate business interest to protect, they must be reasonable in time, and they must be reasonable in geographic scope.

You should have your specific non-compete reviewed by an employment law attorney, who will also want to ask you specific questions about the nature of job you performed, how long you did that work, what the business and market is for the employer, etc.

posted by Scott Leah  |  Oct 22, 2018 11:17 AM [EST]

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