Amendments of non compete

My wife worked with Company X from 2012-2016. She signed a non compete there. She started looking for another job in January of 2016 and received and offer. This job was at another training facility. She asked permission from her supervisor at Company X to work there via email. The supervisor at company X responded via email that he had no problems or concerns with her working there. Fast forward to 10 months later, and the same supervisor changed his mind, and fired my wife for breach of contract. The question is would the written permission given by that supervisor amend the original non compete?

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1 answer  |  asked Nov 1, 2016 10:47 AM [EST]  |  applies to Pennsylvania

Answers (1)

Scott Leah
It may have changed the terms of the non-compete, but it may not matter. The issue is really whether the employer had the right to fire your wife. If she was employed at-will, the answer is likely yes. An employer can terminate an at-will employee for a good reason, a bad reason, an unfair reason, or even no reason. It just cannot do so for an illegal reason. In other words, even if the employer is wrong about your wife breaching the contract, it would still be able to fire her.

If your wife had an employment agreement or contract with the employer, which provided for various basis for termination, then it would be a different story. In that situation, the terms of the contract would govern.

posted by Scott Leah  |  Nov 15, 2016 07:11 AM [EST]

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