Staffing Service Non-Compete Sales to Operations

I work in a sales role for a staffing service in Philadelphia, and signed a non-compete stating that I would not work for, own, or manage a competing staffing firm within 60 miles. I am being considered for a position in an regional operations role for a competing company with offices ranging from Philadelphia to Maryland. The new company has asked for a copy of my non-compete agreement. Is there any way to void this non-compete?

1 answer  |  asked May 17, 2007 9:57 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
The noncompetition agreement may not apply.

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 noncompetition agreement may not apply. The question is whether you are forbidden from WORKING in the 60-mile radius, or whether you are forbidden from working for a company LOCATED in a 60-mile radius. Furthermore, as you may work for a regional company, you may be able to 'carve out' the Philadelphia area for the noncompete period.

Many noncompetition agreements are invalid due to their wording and how they are administered (i.e. did they give it to you after you began work, etc.). Whether the agreement is invalid due to how it was written or administered requires me to review facts not in your question before I could opine on its validity.

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

posted by Christopher Ezold  |  May 18, 2007 09:48 AM [EST]

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