Non compete in Ohio under Pa law

I signed a non compete for employment in Ohio which is governed under all aspects by the laws of Pa. in Mid Sept 2009 when I signed a compensation agreement. In November I had to sign a new sales compensation plan tha was revised. I was terminated in April 2010 for not obtaining sales quota. My non compete agreement requires a 30 day paid notice upon termination & include insurance for 30 days. I was denied the 30 day paid notice & insurance as well as commission for sales made during employment in April. Can I successfully contest the non compete contract due to having to sign a new sales comp plan 60 days after I started and that the company violated the contract by not paying 30 day notice of termination and failure to pay commissions due?

2 answers  |  asked May 13, 2010 6:39 PM [EST]  |  applies to Ohio

Answers (2)

Neil Klingshirn
You may have valid defenses to your non-compete, but you have to consult PA law. I suggest that you Ask MEL your question again, this time sending it to PA lawyers. You could also contact Chris Ezold, a MEL lawyer, who has written a lot about PA non-competes. Here is Chris's contact information:

http://www.myemploymentlawyer.com/members/268

posted by Neil Klingshirn  |  May 14, 2010 08:41 AM [EST]
Neil Rubin
Can you "SUCCESSFULLY contest the non-compete contract"? Well, there is no way of knowing until an attorney looks at the language of the agreement as well as the circumstances of your employment.

Moreover, you will need to decide if your total damages are high enough to want to go through the stress of a lawsuit.

As I have stated previously on MEL, non-competition agreements can rise up and bite you, so do not think you can do this by yourself. Again, you need a PA attorney to guide you.

posted by Neil Rubin  |  May 14, 2010 05:15 AM [EST]

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