can you be in trouble with a non compete

if you signed it but never worked a day for them? I am not sure if she even has the papers for it since I never filled out all the paperwork. I am starting a business in the same field a year and a half later but she has a painting of mine on her website even though I never worked for her.

1 answer  |  asked Jan 12, 2016 5:03 PM [EST]  |  applies to Pennsylvania

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Scott Leah
For a non-compete to be enforceable in Pennsylvania, the employee must receive adequate consideration. Consideration means that both parties must receive a benefit and a detriment to the contract. The employer gets a benefit from the noncompete, as the employee cannot compete with the employer for some period of time after the employment relationship ends. That is obviously a detriment to the employee, as the employee cannot accept certain work until the time period expires.

But there also has to be a benefit to the employee and detriment to the employer. Typically, this is the employee getting the job he or she is applying for and the employer having to pay the agreed upon wages to the employee. Or, if the employee is already an employee when the noncompete is signed, some other benefit (such as a raise, a bonus, a promotion, etc.).

Based on your the facts you provide in your question, it does not appear that you received any benefit from this contract as you never actually were employed by the employer. If you received no benefit, and the employer had no detriment, the noncompete is likely unenforceable.

posted by Scott Leah  |  Jan 13, 2016 07:39 AM [EST]

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