QUESTION

I signed a paper that states I cannot work for any of my employers competitors for two years, is it legal and can I be sued if I take a job offer?

Asked on Apr 18th, 2013 on Labor and Employment - Pennsylvania
More details to this question:
I work for a towing company and signed a paper that states I can not work for any of my employers competitors for two years or i can be sued and my future earnings garnished. It is not notarized. My employer is an ass and I have a better opportunity with one of my employers competitors. Is what i signed legal or is it legally binding? Can my employer sue me if i take this new job offer? Thank you for your help!
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1 ANSWER

David M. Axinn
This is not a simple question. To answer it, you should sit down with an attorney and review all of the surrounding facts. I can make a few general comments. This kind of agreement is not favored in the law. The courts will enforce it only if it is reasonable, in terms of the actual legitimate business interests of the employer. For example, it is more reasonable to have this agreement with an employee who has access to business information, such as customer lists, than with someone who does not have any confidential information. The length of time, and the geographic area must both be no longer, or larger, than necessary to protect the employer from actual harm. If the agreement was entered into after your employment began, there may be a necessity that you received something in return for signing. Putting aside the question of how much he might recover in damages, this is not the kind of debt for which your employer could garnish your wages.
Answered on Apr 19th, 2013 at 3:28 PM

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