The bookkeeper that did our weekly books was fired by thier firm, I would like to retainher services

The bookkeeping firm fired a bookkeeper that performed once weekly bookkeeping tasks for my firm and refused to keep her on in order to continue to do the books for us. I would like to hire her directly.
Her former firm is threatening litigation because of a non compete clause.
I have information that she was fired because of her refusal to continue working for another company whos practises made her uncomfortable.
What are my chancesof winning a case like this.

2 answers  |  asked May 27, 2010 7:44 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
Non-compete covenants are not favored by the courts, but can be enforced where they are "reasonably necessary for the protection of the former employer."

Where an employer terminates an employee, however, the value of that employee to the former employer is certainly undermined.

Many of these situations can be resolved with negotiation between the parties. I encourage you to contact a Pennsylvania employment lawyer who can help you get through the threats and sabre rattling.

posted by Harold Goldner  |  May 28, 2010 09:17 AM [EST]
Doris Dabrowski
The fact that the former employer fired the bookkeeper is one important factor considered by courts to determine the enforceability of the non-compete agreement. The Pa. Superior Court concluded that it is unreasonable for an employer to remain unfettered control over an employee terminated as worthless to the former employer's legitimate interests. You should contact an attorney to review the entire agreement and help you respond to the letter from the former employer. Doris Dabrowski
1525 Locust St., Philadelphia Pa. 19102 215-790-1115.

posted by Doris Dabrowski  |  May 28, 2010 07:16 AM [EST]

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