Monday, March 25, 2013

Overly Broad Non-Compete Agreement in Pennsylvania? Need an Attorney for Your Non-Compete Contract Dispute?



Non-Compete Agreements, the Corporate Ball and Chain

It is Often Heard Said: "My Non-Compete Agreement is Invalid Because it is Overbroad"

You won't hear a qualified lawyer say that, though.

Many folks are convinced that their non-compete agreement is unenforceable because it is for too many years, or to too broad a geographic area.  Usually, they got that notion from someone they met at a cocktail party, from their Aunt's lawyer-friend, or from something they read or heard over the years.  In fact, it seems that most everyone believes that non-compete agreements can be thrown out due to their length or geographic scope.

Not true.

A Seemingly Lifetime of Employment Opportunities - 
Irrelevant to the Courts

In Pennsylvania, Courts Regularly Uphold 3-Year Non-Compete Agreements

First off, Courts regularly uphold non-compete provisions lasting up to 3 years. Knowing this, it is a rare agreement that lasts for longer than that.  After all, what company needs to keep someone non-competitive for more than 3 years?  So, generally speaking, forget having an agreement thrown out because it applies for too long a period of time.

:...anywhere in the World..."
No Problem

In Pennsylvania, Courts Regularly Uphold Non-Compete Agreements That Are Broad in Geographic Scope

Many non-compete agreements prohibit working for a competitor located well-outside where the
employee actually worked.  Generally, that is the case because many companies today have customers located throughout the United States.  While a Court may "pare down" the geographic reach of the covenant not compete to, say, the tri-state area, they will not throw the agreement out just because it is too broad.  And, as a practical matter, narrowing the geographic reach of the non-compete agreement will do the average Pennsylvanian little good. Are you really going to move to Detroit for a new job?

There are strategies one may employ to minimize or eliminate the effectiveness of a non-compete agreement.  However, you should not count on having it thrown out due to its length or geographic scope. 

 HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

Are Non-Compete Agreements Enforceable in Pennsylvania?  How Can I Negotiate a Non-Compete?

Non-Compete Agreements and Trade Secret Litigation - The Fulcrum is Whether the Legitimate Business Interests of the Former Employer Are Detrimentally Affected by an Employee's Violation

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

The Truth About Non-Competition Agreements That Your Employer Does Not Want You to Know - Mere Breach of Non-Compete Not Enough for Injunction

The Milkman Principle: Why Solicitation of Former Clients or Customers Will Always Get You in Hot Water in Pennsylvania if You Have a Non-Compete Agreement

Pennsylvania Employment Lawyers: How to Respond to Cease and Desist Letters Concerning Non-Compete Agreements

I am Being Offered Severance But Asked to Sign a Non-Compete in Pennsylvania - What Should I Do?  Pennsylvania Employment Attorneys Explain

Should I Sign a Severance or Separation Agreement Requiring Me to Consent to a Non-Competition Restriction?  Pennsylvania Employment Lawyers Discuss

What Fiduciary Duties do Employees Owe to Their Employers? Taking Your Employer's Confidential Information Before Resigning Violates an Employee's Duty of Loyalty

How Can I Contact My Old Clients and Customers Without Violating My Confidentiality, Non-Compete and Non-Solicitation Agreement?  Pennsylvania Non-Compete Lawyers

Trade Secret Clauses in Employment Agreements - Does My Employer Have Trade Secrets? Pennsylvania Non-Compete Lawyer

Confidentiality and Trade Secret Covenants in Employment Contracts are Always Valid, and Your Electronic Footprint Tells a Story

Insulation Corp. v. Brobston:  Is My Non-Compete Covenant Valid and Enforceable if I am Fired From My Job Under Pennsylvania Law?

Overly Broad Non-Compete Agreement in Pennsylvania?  Need an Attorney for Your Non-Compete Contract Dispute?

Philadelphia Area Employment Attorneys Representing Employees in Non-Compete Matters

610-647-5027

We typically represent employees 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 in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Ambler, Ft. Washington, Bensalem, Flourtown, Chalfont, Chester Springs, Springfield, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.  

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