QUESTION

Do I still have a non compete if I changed job positions and was never asked to sign a new employee agreement. Is the original still valid?

Asked on Dec 19th, 2016 on Employment Contracts - Pennsylvania
More details to this question:
I switch from a sales position on one side of our business to another in a different territory and was never asked to resign an agreement for the new position and territory do I still have a non compete? I am looking to move to another company and looking to make the move more smoothly. Any help would be great!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is difficult to answer your question without knowing exactly what your original agreement provides, but I believe it very unlikely that the  non-compete provisoin would no longer be in force.  However, apart from your transfer, non-compete provisions are less favored than most contractual provisions, and the provision may not be enforceable if it is not considered reasonable and necessary to protect your employer's interests.  For example, most states will not enforce non-competes which run for longer than necesary, cover more geographical territory than necessary, and/or are applied to run of the mill employees who gained no special knowledge or relationships through their employment (for example, a non-compete is much less likely to be enforced against a fast food counter clerk than a doctor).
Answered on Dec 20th, 2016 at 9:38 AM

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