non compete in Pa.

I own a staffing company and hired a key employee,who wasn't so key appx.15 years ago. The company started out as a 3 person operation. The PERSON was in charge of human resources and responsible for having few employees sign a non com pete. She told me it was done. I relied. 10 years later we switched to a LLc and had everyone sign new non competes. Which THE PERSON signed and I have a copy. She is now resigning and says no non compete in place since she signed 10 years after the start of her employement...do I have recourse,is my 1999 non compete,even though she started in 1989 valid and enforceable?

1 answer  |  asked Jul 9, 2003 10:34 PM [EST]  |  applies to Pennsylvania

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Christopher Ezold
1999 non-compete may be enforceable

Unfortunately, non-compete agreements signed after the beginning of employment are generally not enforceable. Therefore, it is likely that the 1999 noncompetes are not valid.

However, if your 'key employee' misrepresented her signing of the 1989 non-compete, you may have a cause of action. Furthermore, depending on the nature of the 'switch to LLC' you may be able to argue the new non-competes are valid.

I cannot give you a solid opinion without further information. If you wish to discuss this issue further, please call me at the below number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Ave., Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jul 10, 2003 09:22 AM [EST]

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