Legal Question in Employment Law in Pennsylvania
My husband left his job as at outside sales person .Due to the company not buying enough supplies to fill his customer orders , thus , affecting his pay creating loss of accounts and commissions in the amount of hundreds per week . he accepted a position with a similar employer .to his knowledge he never signed a non compete employment contract . his past employer forwarded an un witnessed letter with his signature at the end . they are also threatening to sue him and his employer and contact his current employer etc . what should he do ? he was often left to go with their credit card ( past employer ) pick up supplies elsewhere to fill his orders . he also had been harassed by coworkers stating the employer allowing him to purchase else where created a hardship for the company . the employer overheard this and said nothing . my husband has been in and out of the er for chest pains .prior to working for his new employer .
1 Answer from Attorneys
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, while the witnessing of the non-compete document that your husband signed is irrelevant to its enforcement, there are other factors at play. These include when he was given this document, what he was given by the company in order to entice him to sign the document and what his status with the company was. There is also the issue of whether any time limitations existed on the non-compete agreement. Lastly, your husband�s role in his new company will also affect this issue. It would be best for your husband to speak with an attorney who can review these issues as well as his employment contracts.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
www.ezoldlaw.com
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