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I signed an offer of employment, accepting an offer of sales (specialty pharmacy services) and now, my former, (a sales contract services company) with whom I was employed fewer than 4 months) is threatening legal action, citing "conflict of interest'. Are non-complete clauses enforceable in the state of PA? I had NO previous professional relationships in this market with my previous employer and, my new job is calling on targets of entirely different nature. I am divorced and on my own and desperately need to support myself. My previous employer (the one threatening me with legal action)is an "AT WILL" employer.
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Yes non-compete agreements are enforceable under Pennsylvania law. Whether your agreement can be enforced to prohibit you from engaging in your current intended work is a matter of the facts and circumstances of your situation. What were the facts pertaining to your signature on the agreement? Did you sign it close in time to when you began your former employment? Were you offered adequate consideration in return for signing the agreement? Does your intended employment actually violate the terms of the non-compete? This analysis is fact specific. You should consult with an attorney who understands these agreements so that you can specific advice and suggestions on how to respond to your former employer's letter.
Answered on Jun 22nd, 2016 at 6:24 AM