I live in PA and signed a non compete for one year. I want to make a job change. Can the non compete be enforced ?
Philadelphia, PA
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Posted 5 months ago in Contracts / Agreements
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I was made to sign this non compete more than one year after my contract started as a condition of continued employment. There was no change of my position at that time. There was a rather small transcation involved.
Answers (1)Pamela Koslyn
This attorney is licensed in California.
Posted 5 months ago.
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Probably not, since PA is one of the many states that disfavors restrictions on an employee's freedom of employment. In 2002, the Pennsylvania Supreme Court held that a covenant not to compete was not enforceable to protect financial interests alone. (Hess v. Gebhard & Co., 808 A.2d 912 (Pa. 2002), linked below. However, you should consult qualified counsel about your particular job, contract, and employer, and the circumstances and transaction surrounding your signing of this contract.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |