Thursday, March 16, 2017

Non-Compete Agreements - Enforceable or Not - Negotiation is Often the Key

Is My Non-Compete Agreement Valid and Enforceable in Pennsylvania?

Helping Pennsylvania Employees With Non-Competes Since 1991
Call 610-647-5027

I am routinely asked by folks who are currently employed to review Employment Agreements containing Non-Competition and Non-Solicitation covenants (as well as a Confidentiality clause).  The most common question I am asked?

 “Is my Non-Compete enforceable?”

Typically, these employees are either considering resignation to seek employment elsewhere or are concerned that they will soon be separated from their job involuntarily.

Under Pennsylvania law, and that of virtually every state, there are number of reasons why a Non-Compete provision may be unenforceable


Signed, Sealed and Delivered...

That said, it is often the case that Non-Solicitation covenants are far more restrictive and problematic than are their counterparts. That is so because, while the courts in general do not
favor limiting the ability of the average worker to move from one job to another, they do protect employers from the loss of business when customers are taken by a former employee in violation of a Non-Solicitation covenant.

Employment Agreements Remain in Place Even if the Non-Compete Covenant is Void, Invalid and Unenforceable Under Pennsylvania Law


Even Perry Mason Cannot Make an
Employment Contract Simply Disappear...












Focusing exclusively on the enforceability, vel non, of the restrictive covenants contained within your employment contract, however, misses the mark, I am afraid.

The principle thing to bear in mind, I often tell my clients, is this: whether the restrictions are enforceable or not, the Employment Agreement – and thus the restrictive covenants contained therein -  will remain in existence. Only a court can declare a contract invalid and unenforceable. 

Even the finest lawyer in all the land cannot make a contract vanish...so, when seeking new employment and faced with the interviewer's inquiry, "Do you have a Non-Compete," a truthful answer must be in the affirmative - irrespective of whether you have a legal opinion concluding the covenants are invalid and unenforceable.

How Can I Negotiate My Non-Compete Agreement? Call 610-647-5027

Hence, the trick is to negotiate the Agreement out of existence, or to at least limit its scope, because prospective employers are very hesitant to hire employees that have signed Employment Agreements containing Non-Compete and Non-Solicit clauses – whether same appear to be unenforceable or not.

Negotiation is always possible. After all a contract is simply a memorialization of the parties' agreements and promises.  They are always subject to amendment at the parties wishes.

The best approach varies from case to case; however everything a short-time employee does is  crucial and subject to great scrutiny.  

Hence, contacting qualified counsel prior to taking any steps towards the door is virtually essential.

The devil you know is better than that you don't.  While you may not be able to negotiate everything you want, the certainty of knowing that you will be free to take a new job without fear of a lawsuit from your former employer is priceless. 

Moreover, any company that is looking to hire you will appreciate knowing exactly how it may enlist you without fear of legal action.

Pennsylvania Non-Compete Lawyer John A. Gallagher
Philadelphia Area Employment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live or work in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, including:

·       wrongful termination
·       wage and overtime claims
·       non-compete or severance agreements
·       discrimination, wrongful discharge and retaliation laws
·       Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.

No comments: