Legal Question in Civil Litigation in Pennsylvania
Restrictive covenant
On april 20th 2006, the owners of my company had me sign a document titled ''restrictive covenant.''the document has not been noterized or signed by a lawyer, it is signed by myself the employee and the owner of the company.I am questioning the validity of the document.One of the conditions states that i will not ''be associated with a retail floor covering business (which is the business that i am in)within a 5 mile radius.''also if i do take another job in the same field, can they take legal action againist me or prevent me from working in my field. It also states that this form ''is not an employment agreement and governs only the terms and conditions set forth herein.''i am considering another job offer in the same field am i legally obligated to this document, and can they prevent me from obtaining employment with another flooring co. And retaining my lively hood?I basically was told that i had to sign this paper or i would not have a job. There are 3 sales people in my office and the other salesman is my live in companion. They have a statement that if one employee leaves they cannot recruit another employee for 6 months from that date. Thank you for your advise.
1 Answer from Attorneys
Re: Restrictive covenant
I have no idea what the last part of your paragraph means...can't recruit another employee for 6 months? Why not?
In any case, a "restrictive covenant" is legal if its restrictions are reasonable. Not being able to go to work for another retail floor covering business within only a 5 mile radius is reasonable, therefore the agreement would likely be enforceable by the company against you.
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