Legal Question in Employment Law in Pennsylvania

Non compete law

Is a non compete clause viable if it was made to be signed after I was already employed by the company or at all?


Asked on 10/31/06, 7:28 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: Non compete law

Non-competition agreements in the context of employment arrangements generally have to be entered into at the same time you begin employment. The quid pro quo for your agreeing not to compete is the job offer. This is not to say that they are not enforceable if entered into after that, the question becomes, what did your employer give you in exchange for the promise you made not tp compete. More information from you is needed to answer further. I give free consultations. Call me at 610.647.5800.

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Answered on 11/01/06, 8:16 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Non compete law

You asked if a non-compete agreement is effective if signed after employment.

Yes. Pennsylvania is an at-will employment state. Therefore the compensation for signing a non-compete, or most any other employment context contract can be seen as your continued employment.

The trick is knowing what and what is not enforceable. If you sign a non-compete and then are fired a week later would you expect that non-compete to be enforceable? How about if the non-compete prevented your from taking any job within the state?

Non-competes are read very narrowly against employees and an employee must prove that there will be an actual harm from competing employment. Your best option is to engage an attorney to review the agreement and your situation to advise you on your options.

I have significant experience in employment law and have worked with these situations from both sides. I would be happy to assist you with this situation.

Regards,

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Answered on 11/01/06, 11:32 am


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