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  1. #1
    Join Date
    Jul 2006
    Posts
    10

    Default 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

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default 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.

  3. #3
    Join Date
    Jul 2006
    Posts
    10

    Default 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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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?

  5. #5
    Join Date
    Jul 2006
    Posts
    10

    Default Re: No Compete Clause

    I apologize for being vague, I was just trying to get an idea of all of the possible ramifications.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default 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.

  7. #7
    Join Date
    Jul 2006
    Posts
    10

    Default 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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