non-competes when the employer has wronged you

My past employer made everyone sign an extremely vague non-compete (the type of business is not even mentioned). The distance in it is a 30 mile radius, and two years length of time. And the potential damages are two times what I made working for them. I left because they made major errors which cost me money on deals (I was primarily on a commission) and they failed to every pay me overtime (the orginally contract stated that I was salaried plus commission but my paycheck always stated that I was paid hourly (minimum wage I will add). Can this non-compete be inforced?

1 answer  |  asked Oct 26, 2005 12:24 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
The noncompete may not be enforceable

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, based on the facts in your question, the noncompete may not be enforceable. Your employer's failure to pay you commissions as agreed will likely relieve you of any obligation to abide by the agreement. Furthermore, 'double damages' clause is likely not enforceable at all.

However, to provide you with a legal opinion, an attorney would have to review the agreement and discuss the facts of your employment with you.

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  |  Oct 28, 2005 10:29 AM [EST]

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