Legal Question in Employment Law in Pennsylvania

Non Compete Clauses

I know PA is a right to work state and I was wondering if the Non-Compete Clauses hold up in court here in PA? And when I signed this clause I was unaware that I had the right to consault a lawyer before signing and felt presured to sign it on the spot and not permitted to wait. Can my employer do that? I signed this when I first started work.


Asked on 5/06/03, 10:51 pm

1 Answer from Attorneys

Thomas Martin Law Office of Thomas Martin

Re: Non Compete Clauses

Pennsylvania courts are reluctant to enforce non-competition agreements in

employment contracts although they will do so where they are reasonable limited in

duration and geographic scope. An agreement that attempts to stop an employee from

working in any part of the country would rarely be enforced. However, the

reasonableness of the scope of the agreement depends on the nature of the business

and the Court�s view of what is necessary to protect the legitimate interests of the

employer. The fact that you felt pressured to sign the agreement or that you didi not have it reviewed by a lawyer will not by themselves invalidate an otherwise legitimate agreement.

The enforceability of these agreements is very much dependent on the particular circumstaces of an individual case. Consequently, you should review your circumstances with a knowledgeable lawyer to learn of your individual rights and obligations.

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Answered on 5/07/03, 9:11 am


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