Legal Question in Employment Law in Pennsylvania

This sounds like a difficult situation. Here is what you need to know. The non-compete agreement is enforceable if you signed it at the time that you were originally hired. If you were given the non-compete after you were hired and there were not significant changes to your employment situation at that time (e.g. raise, bonus, increased earning potential), you may be able to argue that the non-compete is unenforceable.

Even if it is enforceable. the courts disfavor non-competes because they are seen as deterimental to the free flow of commerce. They restrict employees freedom of movement and limit the marketplace. Therrefore, they must be reasonable in terms of geographic scope and duration. What is reasonable depends on the industry.

The Agreement restricts you. It does not restrict any potential employer. Therefore, it is not true that your prospective employer is prohibited from making you an offer. They just do not want to get involved in litigation and are leaving it up to you to assure them that they will not be involved in litigation.

Your employer is unlikely to do anything to make it easy on you. You should consult a local employment lawyer to advise you on the enforceability of the Agreement. Good luck.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Answering your question does not create an attorney-client relationship. This question was anwswered pursuant to Pennsylvania law and the answer is unlikely to apply directly to a similar situation in another jurisdiction.