The Pennsylvania Superior Court also objected to the application of the non-compete clause in All-Pak, Inc. v. Johnston, which introduced non-competition, should not be imposed in situations where workers have been laid off due to the reduction in size and therefore need additional access to economic opportunities. That`s why it`s important to negotiate your employment contract before signing. A work lawyer at Weisberg Cummings, P.C., is happy to help you get ready. If you have already signed up for a non-competition and are now looking for a new job, contact Weisberg Cummings, P.C., to find out what limits your current non-competition may have on your job opportunities. In Pennsylvania, non-injunction agreements may be imposed if the agreement refers to an employment relationship between the employer and the worker; The agreement is based on compensation considerations that may include an initial job offer or a positive increase in employment conditions; The agreement is reasonably necessary to protect the legitimate interests of the employer; the agreement is proportionate in its duration and geographical scope. A bill to prevent the application of non-compete agreements in physician employment contacts in the health sector has been introduced in the Pennsylvania House of Representatives. Rep. Torren Ecker sponsored the Law – House Bill 2636 – which was referred to the House Professional Licensure Committee on June 29, 2020.
If you are in a competitive industry with only a few major players, a non-compete clause can essentially mean that if you ever leave your current employer, you should change careers. Are you ready to do that? If you look at the non-competition clauses and you feel that you would be reluctant to leave the position because you would be concerned about the terms of the clause, you are negotiating the agreement. In this new case, the worker signed the non-compete clause about two months after the start of the employment. Before starting work, the employer explained to the worker (for whom English was a second language) the non-competition agreement and told him that he could take some time to verify it, including with a lawyer, and inform them if he had any problems with it. The employee did not request or amende the non-competition clause and signed them two months after the start of the work.