If the companyI work for made me sign a non-compete clause, sinceI haven’t had a raise the last 4 years is it still binding?

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If the companyI work for made me sign a non-compete clause, sinceI haven’t had a raise the last 4 years is it still binding?

Asked on February 8, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately yes, the agreement is almost certainly still binding--the lack of a raise has nothing to do with the enforceability of a non-competition agreement. Your continued employment  is sufficient consideration for the contract.

The exception would be if the non-competition agreement contains any provisions relating to raises (or is part of an employment contract which addresses raises). If the employer, as part of the same agreement as the non-competion agreement, is obligated to provide raises, then its failure to do so could be a material breach that would make the non-competition agreement unenforceable.


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