Legal Question in Employment Law in Pennsylvania
are non compete agreements valid with out emploer signature
I was told to sign a non compete agreement 2+ years into my emploment.(surprise)
I was told i could not take it to be reviewed and if i did not sign my employment would end.
There is no geopgraphical area stipulated.
There is no employer signature on the agreement.
They sit in a file unsigned by employer.
I asked for a copy it is unsigned.
I was just given a very unreasonalble contract to sign, which took away all my benefits and dropped my salary, i was told to sign or i resign and the non compete would be enforced.( i have not signed contract yet)
Question: is this noncompete agreement enforcable with all of the above considered?
3 Answers from Attorneys
Re: are non compete agreements valid with out emploer signature
Though courts do not like to enforce them Non Competes can be binding. If you received no new consideration (A raise, Bonus) you may be able to void it. I suggest contacting an attorney. I offer free consultations.
Re: are non compete agreements valid with out emploer signature
Noncompetes may be enforced, but they must be reasonable. For example, a geographic area and a specified period of time must be included. There are other reasons as well that it may, or may not, be enforced. You should contact an attorney.
Re: are non compete agreements valid with out emploer signature
You should contact an attorney. I am available for a free consultation. I would want to know whether you already have a written employment contract in place. If you do not, you probably have very few rights. However, your exisitng contract may protect you from not having to sign this additional non-compete clause.
Feel free to call me 215-557-8686 or viist my website at www.thepearcelawfirm.com. I have included some information on my website regarding non-compete clauses below:
A non-compete or restrictive covenant is generally an agreement that upon separation from employment, the employee will agree not to work for a competing employer for a period of time, not to solicit customers, not to solicit co-workers to leave their existing employer, and agreements not to work in the same profession or field. Many times agreements will also contain a confidentiality agreement. You should be very careful in signing too restrictive of an agreement, as often relationships and circumstances change. If you have signed a non-compete or restrictive covenant agreement and have left or are thinking of leaving the company, you should seek the advice of an experienced Philadelphia employment lawyer familiar with non-compete and restrictive covenants. When employers have attempted to enforce restrictive covenants or non-compete clauses, courts have often held that the clause must be reasonable. In terms of determining what is reasonable, the court will look at the geographic area restricted, the duration or length of the agreement, the type of business involved, and the scope of the agreement. An employer generally cannot indefinitely preclude a former employee from ever working again in a particular field or within a geographic area. However, these issues are very complex and require the expertise of an experienced employment lawyer.