How enforceable are non-competes?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.


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