treated unfairly?

I signed a non-compete the day before I started. There are many employees that have been there 20+years, are doing the same thing I'm doing, and was not asked to sign a non-compete. They are leaving to better themselves with competitors. Is that along any lines of discrimination or treated unfairly. I would also like to leave for that same reason.

1 answer  |  asked Oct 9, 2006 5:23 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
It is unlikely that the validity of your noncompete depends on whether other employees signed it.

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, it is unlikely that the validity of your noncompete depends on whether other employees signed it. Although it is wrong, it is generally not illegal to treat employees differently or unfairly. However, it IS illegal to treat employees differently due to race, gender, religion, disability, age, etc. If the employees who had to sign the noncompete are all white, or Baptist, or over 40, there might be a claim for discrimination.

Furthermore, many noncompetition agreements are drafted incorrectly; they do not meet the requirements of the law. Even when drafted correctly, they cannot prevent you from working in every capacity for a competitor; depending on your position and responsibilities with your current employer, you may be able to find permissible work with a competitor.

These issues are all fact-dependent, and would require analysis by an attorney. 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 10, 2006 08:05 AM [EST]

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