how to break non compete, that is very restricting

i signed a non compete contract when i was hired by as a hyperbaric technician for a company based out of new york. i work in pennsylvania. the location i currently work at is closing and we are relocating. my non compete states i cannot for a period of two years after ending of employment and within 30 miles of any of my companies facilties work for a hyperbaric company as a hyperbaric tech or any other postion, work for any facilty or hospital that has a hyperbaric department, in any position. the consideration given was employment. my company has facilties all up and down the east coast and every local hospital i could apply at has hyperbaric facilties. this leaves me with no option for a job. i am a medical assistant who was trained on the job by my present employer to be a hyperbaric technician. i feel that this is so broad, i cannot leave this company for another job. how can i break this non compete? would this be enfoced in the state of pennsylvania? although the contract states it is applicable under new york law.

2 answers  |  asked Oct 3, 2007 4:57 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
You may not be bound by the limits on working for institutions, but may be bound by the mile limit.

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 not be bound by the limits on working for institutions, but may be bound by the mile limit. The reason is that a noncompetition agreement is enforceable in Pennsylvania only to the extent that it protects a legitmate business interest of the employer. If the employer is closing your location down, there is arguably no legitimate business interest in preventing you from competing in that area (in other words, if the employer isn't working in your town, why shouldn't you?).

Unfortunately, this is a very general answer; I would need to review your contract and discuss your job and industry with you to provide you with a reliable opinion. In addition, I may be able to identify a practical solution to your issue as well as a legal solution.

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  |  Oct 3, 2007 6:15 PM [EST]
Harold Goldner
Non-compete Covenants

Please note that I can only answer this inquiry under Pennsylvania law, and I have not reviewed your contract, so you should not rely upon my response as legal advice any more than you should take medicine from a doctor who has never examined you.

Non-compete covenants are only enforceable to the extent they are reasonable as to scope and calculated to protect a reasonable interest of the former employer.

Some industries forbid non-competes altogether in certain jurisdictions. For instance, a non-compete upon a doctor is invalid in Delaware.

I do not know whether as an allied medical professional you would be exempt from non-competes under NY law. The best thing for you to do is consult with an employment lawyer with contract in hand.

An attorney can do a proper analysis of the former employer and the industry in which you practice in determining whether the non-compete is reasonable.

Harold

posted by Harold Goldner  |  Oct 3, 2007 5:13 PM [EST]

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