Legal Question in Employment Law in Pennsylvania

My employer wants me to sign a letter from my handbook stating that if I quit my job, I cannot work in my field, Massage Therapy, within 5 miles of their business and for a period of 2 years. Is this legal? I do not have a contract.


Asked on 1/10/11, 11:06 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

This is called a restrictive covnenat. They are legal in Pennsylvania but they are limited and disfavored. In order for the restrictive covenant to be enforceable, it generally should be obtained at the time of the initial hire. If you have worked for this employer for a while and they are asking for it now, they have to give you something of value in exchange for your agrement to the restriction.

Many massage therapists are independent contrators who work for themselves, others, in a variety of arrangments. If this is the case, you should avoid signing the restrictive covenant so that you do not limit your future work. If this employer is a significant source of potential income, then you may want to consider drafting exceptions to the restriction for existing arrangments.

In short, it would be a very good idea to consult with an attorney to obtain accurate legal advice.

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.

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Answered on 1/15/11, 12:56 pm


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