Legal Question in Employment Law in Pennsylvania
No Compete Clauses
I am an interior designer looking to relocate back into the Pittsburgh area. I have recieved an offer from a local contract furniture dealership, however they would like me to sign a no compete contract. I have been in the furniture industry for 10 years and have not had not had to sign one in the past. My position is not sales just strictly design. Is this legit? Part of the clause reads: I agree, that for a period of 24 months after termination I will not directly or indirectly, whether as principal, agent, officer, director, employee engage in competing activity. There is more to the contract that will need clarification, I just don't want to get into a sitaution. Help!
2 Answers from Attorneys
Re: No Compete Clauses
You should not execute this document without conferring with counsel. We routinely negotiate these pre-employment contracts. Kindly contact me directly Monday morning to discuss in detail.
Re: No Compete Clauses
You asked about signing a contract with a potential employer.
You really should speak with counsel and negotiate more acceptable terms for the contract.
You correctly observe that you should not sign away your right to work simply to get a paycheck. Instead, negotiate terms that are acceptable to you. If they want a iron-clad non-compete then make it cost them. Or they can get a non-compete with much narrower terms. Such as you won't work for a direct competitor within 25 (or 50) miles for 1 year. In no way should you sign a contract that will limit you from completely practicing in your chosen field. More than likely the contract would be unenforceable, but do you want to have that fight.
Hope this helps.
Regards,
Roger
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