Legal Question in Employment Law in Pennsylvania

Employer Non-competition in PA

Do Pennsylvania State Labor Laws support employer a non-compete clause? Please provide a supporting reference document if you can.


Asked on 1/14/09, 10:02 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Employer Non-competition in PA

Restrictive or "negative" covenants defining time and/or geographical exclusion from trade and/or profit are permissible, but must not over-reach, and and be supported by valuable consideration. a perrpercorn or a dollar, to use lawyerly references.

as for your request for authority, to even give you a citation would invite layperson(s) to err in finding or applying the appropriate value to caselaw as it interprets adopted aspects of the 2d Restatement of Contracts; itself a function of the common Law and largely uninterrupted by statutory imprecations.

Spend 50 USDs on a local lawyer to talk with her about it, but the short answer is, the restrictive covenants can and often are re-formed by a Court's equitable powers into something reasonable if not abrogated altogether, except where the negative covenant is part of and incidental if not iminical to a buy-sell agreement.

Good Luck.

TV

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Answered on 1/15/09, 10:47 am


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