non-compete agreement binding??
I am currently working for a healthcare company where I have signed a non-compete / confidentiality agreement. I have a job offer from another healthcare company but I am worried about the non-compete. I presently do not work in an area that the new company works in, but, my present company does mfg/sell products that compete with the new companies products. Thoughts on this??
thanks very much!
Answers (1)
You may not be bound by the noncompetition agreement.
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, noncompetition agreements must be reasonable as to geographic area, time of the noncompetition period and must be entered into to protect a legitimate business interest. Depending on the facts of your case, including your job duties, your current contacts in your new area, the scope of your employer's current business and the terms of the agreement itself, your employer may not have a legitimate business interest in preventing you from working in an area in which you have performed no work for them.
This analysis is fact-specific, and would require a detailed discussion of the above-referenced facts.
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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 12, 2005 10:03 AM [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, noncompetition agreements must be reasonable as to geographic area, time of the noncompetition period and must be entered into to protect a legitimate business interest. Depending on the facts of your case, including your job duties, your current contacts in your new area, the scope of your employer's current business and the terms of the agreement itself, your employer may not have a legitimate business interest in preventing you from working in an area in which you have performed no work for them.
This analysis is fact-specific, and would require a detailed discussion of the above-referenced facts.
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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 12, 2005 10:03 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers