Non-Compete Agreements, the Corporate Ball and Chain
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.
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.
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.
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Are
Non-Compete Agreements Enforceable in Pennsylvania? How Can I
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Non-Compete
Agreements - Legally Enforceable or Not, Negotiation is Often the Key
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