Non-compete issue

I signed a non-compete with my employer. (Most employers in my industry require a non-compete before they hire you) I have learned no trade secrets and have no specialized knowledge of the company. My company is having a shortage of work and have not provided me any work and they do not have anything on the horizon for me. I am a contract employee. If the employer cannot provide me work, through no fault of my own, is the non-compete enforceable against me? I need to earn a living and I am not using any trade secrets or dealing with any secret client lists?

1 answer  |  asked Dec 4, 2008 3:44 PM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
non-compete

In Pa., the termination of the employee is a significant factor which a court considers in an action to enforce the non-compete agreement. The termination of the employee arguably makes it unreasonable to enforce the agreement where the former employer no longer needs the employee's services. Confidentiality of trade secrets is an issue distinct from restrictions on competition. Doris Dabrowski

posted by Doris Dabrowski  |  Dec 4, 2008 5:03 PM [EST]

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