How enforceable are non-competes?

UPDATED: Sep 30, 2022

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How enforceable are non-competes?

A former employee quit his job to start
a new one realize he didn’t like it ask
to be rehired from former employer but
was denied can he then pursue same type
of employment under a different company
if signed a non-compete

Asked on August 12, 2016 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In your state (Pennsylvania), non-competition agreements are legal and enforceable. Therefore, if the terms of the non-competition agreement would bar or preclude him from pursuing the same type of employment with a different company, he can't do that. Non-competes are contracts; like any other contracts, they are enforceable as per their terms. So if the terms of the agreement stop him taking this job, he can't take it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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