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Pennsylvania Noncompete Agreement Question

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  • Pennsylvania Noncompete Agreement Question

    In order to accept a promotion at my company, I had to sign an agreement which prohibited me from performing any job with similar responsibilities in any state where the company does business (and the are more states where the company does business than does not). This was after I had been interviewed for and informed that I was being promoted to the position.

    Now that I've taken the position, the responsibilities have changed dramatically and I am no longer happy with the company. As such I want to seek employment at another organization, but now that this agreement is hanging over my head, I am essentially prohibited from finding a job in my chosen field without moving to another state.

    My question is what legal recourse do I have? I want to move on, but am wary to based upon the conditions set forth in the non-compete. My understanding of state law is that the courts will overturn agreements with unreasonable expectations, such as unreasonable geographic restrictions, restrictions prohibiting you from working in your chosen field, etc. I feel that this agreement does just that.

    In retrospect, I should not have signed off on it, but I had already accepted the position and the form was placed in front of me at the time of signing my status change so I did it.

  • #2
    You will need to show the agreement to an attorney in your state; we cannot comment on the enforceability of an agreement we have not read.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      That much I know...I guess I am asking about the concept in general, or examples of similar cases in the state to refer to. I want to know if this is worth fighting, before going to an attorney and starting the process.

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      • #4
        That's the whole point, though, it depends on the EXACT wording of YOUR agreement.

        My suggestion was that you see an attorney to determine if the agreement is enforceable, not to start any legal process.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

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