Non-Compete Opposite of Usual
I do extensive work for my employer with respect to Workers' Compensation and Union issues in a heavily regulated industry. I would like my employee to compensate me in exchange for a non-compete clause for a period of one year, i.e.: no working for the Unions, regulatory bodies, etc. Is this possible?
1 answer | asked Jul 30, 2007 1:01 PM [EST] | applies to Pennsylvania
Answers (1)
Compensation for a non-compete is permissible, even required, if you are already employed.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, compensation for a non-compete is permissible, even required, if you are already employed. As I understand your question, you want your employer to compensate you for agreeing to a non-competition agreement. If you did not agree to a non-compete prior to or at the time of your employment, and your employer wants you to sign one now, your employer MUST compensate you for the agreement to become effective.
Compensation can range from cash to a promotion and extra perks. Whether the amount of compensation is sufficient may depend on the nature of your industry, the value of your non-competition, etc. The Pennsylvania Courts seem to be divided currently on what is sufficient compensation.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jul 30, 2007 2:26 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, compensation for a non-compete is permissible, even required, if you are already employed. As I understand your question, you want your employer to compensate you for agreeing to a non-competition agreement. If you did not agree to a non-compete prior to or at the time of your employment, and your employer wants you to sign one now, your employer MUST compensate you for the agreement to become effective.
Compensation can range from cash to a promotion and extra perks. Whether the amount of compensation is sufficient may depend on the nature of your industry, the value of your non-competition, etc. The Pennsylvania Courts seem to be divided currently on what is sufficient compensation.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jul 30, 2007 2:26 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers