non compete questions
I am an Ad Specialties Rep for a very small firm in PA. This firm operates nation wide but in a small very specialized market.The Ad Specialties industry is huge and involves over 500,000 products. Is there a certain period of time that is considered reasonable for a non compete? I have been offered a job with a firm in Ohio, can the non compete be nation wide and is the employer responsible to provide me with a copy of this form. The copy I had is with my handbook in the office I am no longer allowed to enter.
1 answer | asked May 20, 2008 11:50 AM [EST] | applies to Pennsylvania
Answers (1)
A reasonable time for a noncompete can vary, but 1-2 years is generally reasonable.
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, a reasonable time for a noncompete can vary, but 1-2 years is generally reasonable. A noncompete can be nationwide, but only if your employer already sells nationwide. There is no law as to whether the employer has to provide you with a copy; however, it would be difficult for it to claim damages and at the same time withhold the agreement.
However, if you have been separated from employment, the noncompete may no longer be valid; furthermore, depending on when you were given the noncompete and whether you were paid for the promises you made it in, the noncompete may not be enforceable at all.
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 | May 20, 2008 12:11 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, a reasonable time for a noncompete can vary, but 1-2 years is generally reasonable. A noncompete can be nationwide, but only if your employer already sells nationwide. There is no law as to whether the employer has to provide you with a copy; however, it would be difficult for it to claim damages and at the same time withhold the agreement.
However, if you have been separated from employment, the noncompete may no longer be valid; furthermore, depending on when you were given the noncompete and whether you were paid for the promises you made it in, the noncompete may not be enforceable at all.
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 | May 20, 2008 12:11 PM [EST]
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