Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, it is difficult to respond to your inquiry without reading the entire non-compete clause in your contract. However, generally, termination will not invalidate a non-compete clause. Nevertheless, the employer can choose whether it wants to enforce the agreement or not. If you are offered a new job position, it may be beneficial to speak to your former employer regarding its willingness to not enforce the agreement. If you were terminated, especially for job performance issues, they may be willing to forgo the enforcement. However, before accepting any new employment, I would recommend you speak with an employment attorney regarding your non-compete clause.
Answered on Jun 13th, 2012 at 5:00 PM