Legal Question in Employment Law in Pennsylvania

Non compete clause.

The company I work for has lost a contract to supply goods to one large account in the region. Eighty to ninety percent of my sales will be lost. If I remain with my employer I will probably aquire a consolidated acct. base with less revenue. It's either lose my job or settle for less. The winning company wants to hire me. I signed a no compete contract long after employment (1-1/2 yrs later).

Can my current employer prevent me from joining the new supplier?

If I reject my employers offer to stay, am I elligible for unemployment comp.?


Asked on 3/29/04, 7:44 pm

1 Answer from Attorneys

J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Non compete clause.

The enforceability of your non-compete largely depends on the language of the agreement, and how onerous the restrictions are.

Also, it depends on whether you were presented with the non-compete when you were hired, or after you began employment.

Generally, you would not be eligible for unemployment if you voluntarily leave employment without a reason of a necessitous and compelling nature.

Please call me or email me to discuss, I would be happy to review your agreement for you.

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Answered on 3/30/04, 9:41 am


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