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Does firing someone invalidate non-compete agreement in PA

Pittsburgh, PA |

What employer actions will invalidate a non-compete agreement in Pennsylvania?

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Attorney answers 1

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It depends on what the non-compete agreement says, but it will not necessarily invalidate it. That said, it might make a court less likely to enforce the non-compete. Pennsylvania courts disfavor noncompete agreements and will only enforce them to protect the legitimate interests of an employer. There is some Pennsylvania case law where courts have not enforced noncompetes against employees who were fired for performance reasons since the courts determined that the employer did not need the noncompete to protect their interests against the poorly performing attorney.

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