Friday, November 9, 2018

Philadelphia Area Non-Compete Attorney in Chester County, Pennsylvania

My Non-Compete Enforceable in Pennsylvania?

That question likely misses the mark.  The major problem with non-compete covenants is not their enforecability in a court of law - it is their mere existence.  The simple truth is, many companies (I dare say a large majority of them) will not hire someone who has previously signed a non-compete agreement. They just do not want the hassle.

You need to find a way to negotiate your way out of a non-compete. Merely asking your employer once you have resigned or quit is often ineffective. You need to have some leverage. Lawyers know how to find leverage, and know how to create pressure.  Most departing employee are less skilled at this type endeavor.

If it Exists, it may well be a Problem
Whether Actually Enforceable or Not
That said, if your agreement contains a choice of law clause designating Pennsylvania as the state law under which the contract will be construed, it is good to know that, in Pennsylvania, employees who have been terminated due to layoff, reduction in force or alleged poor performance are deemed "worthless employees," so that the non-compete covenant becomes unenforceable. While that legal principle can create usable leverage, it will not in and of itself eliminate the problems described above where former or potential new employers are concerned.

How Can I Get out of My Non-Compete Contract?

Only the art of negotiation can achieve such an outcome.

Is My Non-Solicitation Employment Contract Binding or Overbroad?

Non-solicitation covenants, often found in employment contracts that contain non-compete clauses, are an entirely different animal.  Click Here for more on that.

Negotiation is an Art Form

If you are hanging some drywall, installing an outlet or planting a garden, by all means DIY.  That's why Home Depot exists!  But there is no "DIY" for practicing law.  It takes 3 straight years of intense instruction post-grad, followed by the bar exam.  Then, it takes years and years to figure out how it all works.

Saving money when changing your oil or painting your living room makes good sense.  Saving money where your employment or future employment is concerned does not.  Consider consulting counsel today for whatever your legal issue.

"He who represents himself has a fool for a client." Abraham Lincoln

No comments: