Pennsylvania Employment Agreement with Business Development Manager with Covenant not to Compete
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How to fill out Employment Agreement With Business Development Manager With Covenant Not To Compete?
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FAQ
Non-compete clauses are enforceable and legal in Pennsylvania, as long as they reasonably protect the business' interest and have reasonable duration and geographic restrictions.
Assuming that the covenant is otherwise valid, a duration of one year or less will almost always be enforceable, and a duration of more than five years will rarely be enforced, if ever.
If the clause is enforceable and you're in breach, there are various sanctions that your ex-employer can seek. These include: An injunction: This would stop you from carrying out your new role and you may also face payment of the other party's legal costs.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Pennsylvania courts have generally found non-compete agreements to be enforceable if the agreement is incident to an employment relationship between the employer and employee; the restriction imposed is reasonably necessary for the protection of the employer's business interest; and the restrictions imposed are
This is because of its potential to be anti competitive, and therefore against public policy. Restrictive covenants are only enforceable if their effect is stringently restricted to what is essential to protect particular business relationships and information.