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.
1 Answer from Attorneys
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.