Legal Question in Business Law in Pennsylvania

Non-competition Agreements

Unfortunately, a "restrictive covenant" (also known as a "non-competition agreement") is usually enforceable so long as it is reasonable in geographic scope and duration. "1 year or within 100 miles" is a common agreement, and is frequently enforceable. Indeed, doctors frequently are required to sign these, and they are upheld by courts in Pennsylvania.

Nonetheless, that's just a general statement of the law. There are a number of factors that could change the analysis in your situation, including the specific wording of the agreement you signed and the nature of your job. You should contact an employment attorney to review your situation.

Re: Question about a profession

You asked a covenant not to compete.

In a broad sense covenants not to compete are enforceable in PA when they are limited to duration and scope. The question is whether the agreement in this situation can and will be enforced.

This is a contractual claim and the normal analysis of contractual claims will be considered. Was there sufficient consideration, was there a meeting of the minds and was there undue influence on the party against which the contract seeks to be enforced.

The best bet is to meet with an attorney and discuss the situation. A good attorney can likely get a resolution that will satisfy both sides at a very low cost. The agreement may have underlying issues that make it unenforceable and then, how much is a corporation going to pay to enforce such a provision? More than likely the agreement would be enforced aggressively if you went to work for a competitor chain. It is less likely that an agreement will be enforced against a sole proprietor.

There are many variables that can also be entered depending on they specifics of the agreement.

Call me to arrange an appointment discuss the matter if you would like.

Regards,

Roger