Legal Question in Employment Law in Pennsylvania

My employer forced me to enter into a binding work contract / non compete agreement mid-stream of my employment or else I would be terminated immediately. The contract was three sentences long, not dated, grammatically incorrect, did not offer anything more than my current wages, and did not outline any terms of termination or breaching of the contract. It did state I would work for the company for a reasonable amount of time. I found a much better job (betters wages, health benefits, vacation time) and gave my boss much appreciation for everything he did for me and offered more then two weeks notice. He refused my two weeks and when I returned for my final paycheck he is refusing to release it to me. I work in the state of Pennsylvania and the company was very small and did not even offer health benefits. Is there anything I can do to recovery my final paycheck?


Asked on 9/29/11, 7:17 am

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

Generally, non-compete provisions that are presented and executed in such a manner (after the date of hire in order to continue employment) are not considered enforceable. A non-compete is a specific type of restrictive covenant. Other kinds of restrictive covenant (proprietary information, e.g.) can be enforced when presented after hire. If an issue arises with regard to the "contract," I highly recommend you consult a lawyer.

With regard to your paycheck, contact the Wage and Hour Division of the Pennsylvania Departemnt of Labor and Industry. You can find the contact information as well as more information on the DLI's webbsite.If you do not get relief through them, research the Pa Wage Payment and Collection Law and sue your employer before a District Justice/Magistrate. Reference the law for additional monetary penalites that an employer can be made to pay when the violation of the law is wilfull.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

Read more
Answered on 9/29/11, 7:53 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania