Question on a Unique Non Competition Agreement

I have a Non Competition Agreement with my Employer "XYZ" and i am working for a customer based out of Allentown,PA
1) It states "The Agreement shall be Constructed in accordance with the Laws of the State Of California"

Question 1).
Is my Non Competition Agreement Enforceable in Pennsylvania ? I understand Non Competition agreement is Void in California.

3 answers  |  asked Feb 27, 2012 10:33 AM [EST]  |  applies to Pennsylvania

Answers (3)

Doris Dabrowski
I agree with the prior comments. Based on your question, California law should be applied to construe the contract to determine the legal consequences of the terms of the contract.

Doris Dabrowski
1525 Locust St.
Philadelphia, Pa. 19102

posted by Doris Dabrowski  |  Feb 27, 2012 2:08 PM [EST]
Harold Goldner
I am certain you would not bother asking a physician to diagnose a condition without performing an in person physical examination. Similarly, it is impossible for anyone to answer your question without actually seeing the agreement as well as learning the circumstances of your employment.

I have been involved in non-compete disputes where an employee moved from the east coast to the west, yet the non-compete covenants were completely enforceable (and we've enforced them). On the other hand, I've seen instances in which my clients set up shop within a mile of their old employer and the non-compete couldn't stop them.

Do yourself a favor and take your paperwork to a Pennsylvania employment lawyer so you can find out what your rights and obligations are. A competent local lawyer will always check with local counsel in California if that law "trumps" Pennsylvania law.

posted by Harold Goldner  |  Feb 27, 2012 12:31 PM [EST]
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 agreement may be enforceable in Pennsylvania, but it is impossible to tell without reviewing the document. Although California is not friendly to noncompetition agreements, they are not not all void in California; for instance, if they relate to trade secrets, etc., you may find them enforceable.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone 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  |  Feb 27, 2012 10:44 AM [EST]

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