Yes, there generally does have to be additional consideration, and it does have to be valuable and substantial consideration, not just token consideration, to be enforceable. But it doesn't necessarily have to be in the form of giving you cash along with it. It can be something else that is beneficial to you. That being said, I would have to see your employment contract (if any), the prior noncompete, and the proposed noncompete, plus find out more about the facts surrounding your employment (how long have you worked there, what signing the noncompete would change for you & the ramifications, etc.) to be able to give you an answer that pertains to your specific situation, as general principles may not apply to your situation. There are PA case decisions that refer to specific fact situations. Plus, there were decisions floating around as of a few years ago that said that certain language in noncompetes might render them enforceable even without consideration. (I lost track of that line of cases after 2009, but it's something to keep in mind & have your lawyer look up when he/she reviews your prospective noncompete.) So, in sum: 1) generally, yes, additional valuable consideration is necessary, and 2) have a lawyer who regularly works with employment contracts and noncompetes review everything before you sign so you can get specific advice.
Note that some people I know have been successful in ignoring additional noncompete forms and hoping their companies didn't notice that they weren't handed back, but this is not a recommended strategy.
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Not necessarily, however it depends on the existing agreement and the willingness of the parties. You should consult with an attorney. Some non-competes are not enforceable as too broad geographic range and time
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The answer is no and yes. No additional consideration is necessary to MAKE the modification, you just need to adhere to the modification clause in the agreement (if any). Additional consideration is necessary to make the modification ENFORCEABLE, assuming it is a material modification. However, in PA, the valuable "consideration" required may be as little as $1.00, or even the promises contained in the modification if so stated. You should consult with an experienced attorney to either draft the language or at least review it for legal sufficiency as those seemingly inconsequential non-competes seem to become very important at the most inopportune times.Ask a similar question