NON COMPETE CREATING A HARDSHIP
I WAS RECENTLY LET GO FROM MY COMPANY IN NJ WITH NO NOTICE. I SIGNED A NON COMPETE THAT IS WAY TO BROAD BUT WANTED TO KNOW IF THE TERMINATION VOIDS THE NON COMPETE? I AM IN A POSITION WHERE IT IS CREATING A HARDSHIP FOR ME TO TAKE CARE OF MY FAMILY AND DO NOT KNOW WHAT TO DO.THEY ARE WILLING TO RELEASE ME FROM THE NON COMPETE BUT EXCEPT FOR ONE COMPANY THAT WOULD FIT THE BILL FOR ME.I AM NOT SURE WHAT TO DO. PLEASE HELP!!!
1 answer | asked Mar 16, 2007 6:32 PM [EST] | applies to Pennsylvania
Answers (1)
Enforement of Non-Competes can be complicated
Recognize that you have posted a question for a Pennsylvania attorney, but the particulars of your matter are going to require consultation with a NEW JERSEY attorney, and you should never let information you receive over the internet substitute for meeting in person with a lawyer.
Non-Compete covenants, in Pennsylvania, must be reasonable as to scope, meaning length, distance and conduct being restrained. They are generally not favored in the courts, but are recognized where a legitimate interest of the business must be protected.
It is harder for an employer to try to restrain your subsequent employment because they believed you were somehow 'valuable' to them if they didn't want to continue your employment.
If you don't actually have a job offer with the company they don't want you to work for, then you don't appear to have a problem.
Your best course is to retain a lawyer who can evaluate the circumstances of your termination, and assist you in determining whether there is leverage with with to negotiate the terms of the non-compete.
Again, nobody can give you legal advice over the internet. You must actually contact and meet with a lawyer.
posted by Harold Goldner | Mar 17, 2007 09:32 AM [EST]
Recognize that you have posted a question for a Pennsylvania attorney, but the particulars of your matter are going to require consultation with a NEW JERSEY attorney, and you should never let information you receive over the internet substitute for meeting in person with a lawyer.
Non-Compete covenants, in Pennsylvania, must be reasonable as to scope, meaning length, distance and conduct being restrained. They are generally not favored in the courts, but are recognized where a legitimate interest of the business must be protected.
It is harder for an employer to try to restrain your subsequent employment because they believed you were somehow 'valuable' to them if they didn't want to continue your employment.
If you don't actually have a job offer with the company they don't want you to work for, then you don't appear to have a problem.
Your best course is to retain a lawyer who can evaluate the circumstances of your termination, and assist you in determining whether there is leverage with with to negotiate the terms of the non-compete.
Again, nobody can give you legal advice over the internet. You must actually contact and meet with a lawyer.
posted by Harold Goldner | Mar 17, 2007 09:32 AM [EST]
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