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No Compete Clause With a Two-Year Duration

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  • 01-02-2009, 08:03 PM
    blinkme323
    No Compete Clause With a Two-Year Duration
    My question involves employment and labor law for the state of: Pa

    Hi everyone,

    I started a job in IT about a week ago that required me to sign a no compete clause that stated that I couldn't work for a competitor / client for 2 years. The job hasn't gone very well and they have come up empty on a few promises. I have since found a better opportunity at a competitor and would like to leave. Can they actually invoke this clause? Especially after such a short amount of time?

    Also, when I signed the no compete, I made a notation that said "contingent upon permanent employment" Since my probationary period is three months.

    Thanks for the help
  • 01-02-2009, 08:14 PM
    M'sta Mikey
    Re: No Compete Clause
    they most likely will be able to enforce it. Just to make sure, contact a attorney to review the clause and advise.

    Also note that there is no such thing as 'permanent employment' so the notation you made is irrelevant. Most employment is deemed at-will which means they can let you go for no reason or any reason at all; barring those protected by law (age, race, religion). If you signed the agreement, you're bound by what you've signed.
  • 01-02-2009, 09:23 PM
    blinkme323
    Re: No Compete Clause
    If they do in fact invoke the clause, what is usually their recourse, just a lawsuit? That being the case can they really prove that I've obtained vital trade information in just 4 days work?
  • 01-02-2009, 11:10 PM
    Mr. Knowitall
    Re: No Compete Clause
    What do you mean, "just" a lawsuit? You think your new employer will be happy if it gets sued after hiring you?
  • 01-02-2009, 11:23 PM
    blinkme323
    Re: No Compete Clause
    I apologize for being vague, I was just trying to get an idea of all of the possible ramifications.
  • 01-03-2009, 12:10 AM
    Betty3
    Re: No Compete Clause
    Pa. non-competes are enforceable if they are incident to an employment relationship between the parties, the restrictions are reasonably necessary to protect the employer, and the restrictions are reasonably limited in duration and geographic extent. There is no "specific" time or geographical restrictions. It will be up to the courts to decide what is reasonable.

    You do need to have the non-compete reviewed by an employment or contract attorney in your area.
  • 01-03-2009, 12:20 AM
    blinkme323
    Re: No Compete Clause
    Thanks for clarifying that. The duration of the no compete is 2 years, but the mileage radius is 150, which seems a little high.
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