Skip to main content

Non compete contracts lawsuits

Philadelphia, PA |

I'm currently working in NJ but the company I used to work for is trying to enforce the non compete clause through PA laws. Is that possible? Wouldn't the NJ apply here because the company that I work for is in NJ and not PA?

Attorney Answers 3


  1. No. Much depends on the specific language in the agreement. Very possible it's enforceable. Take it to a PA lawyer.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  2. Someone would have to take a look at your noncompete & any related agreements to be able to advise you. You could be bound by PA law even if you work in NJ, however your noncompete may or may not be valid due to issues such as duration and geographic scope. Noncompetes are also treated differently by the courts depending on what industry you're in and what type of position.

    If my answer was helpful to you, I would appreciate if you would mark it either "helpful" or "best answer" if you feel that applies, as AVVO gives us rating points based on feedback. Thank you! Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.


  3. Yes, it is possible if the contract states PA law applies. NJ law may also apply; choice if law issues with noncompetes contracts can be tricky. You should consult an employment attorney with experience litigating noncompete matters ASAP.

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics