does a change in job dutied void a non-compete?
I signed a non-compete as a Manager of Business Development, which meant my job duties were 100% sales-oriented and my commissions were reflective of my sales efforts. Due to market changes in 2004, management decided to "circle the wagons" and protect existing clients from increased interaction from our competition. My job description changed from being 100% sales to only 30% devoted to sales and 70% devoted to visiting existing clients. Not only has the job duties changed drastically, but there is no commission opportunities when I spend 70% of my time with previously sold clients. Statistically speaking, 70% of my annual commission was taken away. Would these these factors make a non-compete (signed as a true sales rep)unenforceable?
1 answer | asked Apr 16, 2004 08:54 AM [EST] | applies to Pennsylvania
Answers (1)
Before I answer your question, I must state that I do not represent you, that we have not met, that I have not reviewed any of your documents or the non-compete agreement, and that my answer to your question cannot be complete without a full review of your documents and the facts of your employment, and that my answer is therefore for informational purposes only.
That being said, I do not believe that the question you pose has been conclusively answered by the Pennsylvania courts. As long as you sign your non-compete agreement on or before the date you begin work, and assuming your non-compete agreement is otherwise valid, all your employer needs to give you in exchange for your promise not to compete is your employment. It would therefore stand to reason that if the employment you have been given is reduced, that the non-compete may no longer be valid. The opposing argument, however, is that a non-compete survives the taking away of your employment, and therefore, it should survive the reduction of your employment as well. How this question would be resolved by the courts likely depends on the facts of your employment, which I do not currently know and cannot comment on.
Your non-compete may be invalid for other reasons, including overbreadth of geography or time, lack of business reason for the non-compete or failure to get your signature in a timely manner. If you would like to discuss this matter further, please feel free to contact me at the below number.
/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 | Apr 20, 2004 12:29 PM [EST]
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