Non-Compete
I signed a non-compete clause for a company that has a competitor that has made me an offer. The job offered has nothing to do with the business the previous company was in.
Secondly, I was asked to sign an agreement without further consideration after I started. I started March 1 and didn't sign the contract until give or take, June 1.
Is this a valid contract? Can they prevent me from working at this company even if we are not in direct competition (and my role is not even close to a competing role?)
Thoughts?
Answers (1)
It may not be valid
Initially, I must note that we have not spoken, you have not retained me, I have not reviewed your documents and any response I give to your question is therefore informational and not a legal opinion on which you can rely.
That being said, although I cannot give you a reliable response without reviewing the contract, the contract may not be valid for the two reasons you state in your question.
First, in Pennsylvania, a non-compete is generally not valid if signed after employment and without additional compensation.
Second, in Pennsylvania, a non-compete must protect a legitimate business interest of the employer; if you are working in a job that does not compete with the employer, and which would not require you to divulge confidential information you gained while with the employer, there is likely no protectible business interest to underly the non-compete.
Again, for a reliable answer, an attorney must review your non-compete and speak with you about your employment. If you wish to discuss this issue further, please contact me to discuss.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Jul 21, 2004 2:50 PM [EST]
Initially, I must note that we have not spoken, you have not retained me, I have not reviewed your documents and any response I give to your question is therefore informational and not a legal opinion on which you can rely.
That being said, although I cannot give you a reliable response without reviewing the contract, the contract may not be valid for the two reasons you state in your question.
First, in Pennsylvania, a non-compete is generally not valid if signed after employment and without additional compensation.
Second, in Pennsylvania, a non-compete must protect a legitimate business interest of the employer; if you are working in a job that does not compete with the employer, and which would not require you to divulge confidential information you gained while with the employer, there is likely no protectible business interest to underly the non-compete.
Again, for a reliable answer, an attorney must review your non-compete and speak with you about your employment. If you wish to discuss this issue further, please contact me to discuss.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Jul 21, 2004 2:50 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers