Non-compete/Restricted Activities
Question on non-compete statement below:
I am working for company AAA, subcontracted to company BBB, which place me at a state government project. The state government has offered me a job, matching my current salary, and I would like to know whether I could accept the job, based on excerpt of my employment agreement below:
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6. RESTRICTED ACTIVITIES:
During the term of this agreement and for a period of one (1) year immediately following the termination hereof Employee shall not without prior written consent of AAA, which consent shall not be unreasonably withheld, work as a employee or a contractor, either directly or indirectly for (i) any of AAA's competitors (ii) any of AAA's Clients where Employee has interviewed, or worked, or has a knowledge of a Client opportunity as a direct or indirect result of AAA's efforts in conjunction with Employee during any part of the prior year.
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Thanks.
Answers (1)
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, you may be able to accept the job offer from the client. I cannot say for sure, as there are a number of facts that are unknown at this time. The agreement on its face seems to prohibit you from taking the job offer, HOWEVER, about 50% of the noncompetition agreements that I review are invalid. Yours may be invalid due to consideration issues, dates of signature, etc. Without a great deal more information, your question cannot be evaluated.
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/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Feb 27, 2008 09:14 AM [EST]
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