Legal Question in Business Law in Pennsylvania

I was let go from my job of five months for under preforming. However, I was never given warning or indication that the company was unhappy with me. In fact, I stressed my concerns of growth several times. I was bringing in business but office manager was not accepting. There was never any feedback from upper management or communication despite my efforts. I have since found another job and my previous employer (the one in question) is constantly threatening me via text messages. They are stating that I signed a noncompete and can not work in this field for a year. They have also withheld my final paycheck and refusing to pay commission. I feel very threatened by them and want it to end. Now, they are threatening me that I can not work in this field (where all my experience is) because I signed a noncompete. Does a noncompete really hold up? I was only there for a short time and am not even collecting unemployment. I need to work. Can they hold me back? What rights do I have?


Asked on 9/21/10, 4:50 pm

1 Answer from Attorneys
Cary Hall Law Offices of Cary B. Hall, L.L.C.

Noncompete covenants are in fact enforceable in Pennsylvania -- so long as they are "reasonable" in scope and not unduly restrictive. To determine if yours is reasonable, you would need to review it with an attorney who is familiar with this area of the law. Typically, a one-year period has been approved as not unduly restrictive, but it always depends upon the particular circumstances and covenant.

I do hope you will seek legal counsel. Feel free to contact me offline if you'd like to discuss your situation further. Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/26/10, 6:36 pm


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