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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


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

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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.

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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.

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1 comment

John J Dorsey

John J Dorsey


How far geographically r from old employer. And how long has restriction been in place. If the restriction is unreasonable the court if it goes to litigation could reform it

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