What Is A Covenant Not To Compete In Pennsylvania?
In Pennsylvania, a covenant not to compete generally requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". Employees who sign them may either receive compensation or simply be required to agree as a condition for their employment.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. Even if the employee's interests may be important, Pennsylvania courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Altoona that are unreasonably large.
Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a rational way to the employer's industry. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Altoona, Pennsylvania lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. An attorney can also give valuable advice when it comes to suing employees for breaching covenants, or counseling employees who have signed one about whether they can accept a different job.
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Life in Altoona
Altoona is located in Blair County, Pennsylvania. Per the 2010 census it has a population of 46,320 people.Some popular attractions include the Altoona Symphony Orchestra, Horeshoe Curve, the Railroaders Memorial Museum, the Juniata Shops of the Altoona Works, Mishler Theatre, Jaffa Shrine Center and the Cathedral of the Blessed Sacrament.
Earlier, Altoona's economy was primarily dependent on the railroad industry. This changed with time as the city began to urbanize. Now, the city depends more on local businesses. In fact a top employer is Sheetz. Sheetz is a large convenience store and gas station chain that is present in many states such as Pennsylvania, Ohio, and Virginia. There are many Sheetz locations (approximately twenty) in Altoona. Therefore it is one of the city's top employers. To support Sheetz and other businesses, the legal force in Altoona is strong. It has many competent attorneys who practice law in various fields. Thus, they are able to help local businesses and residents with their legal needs.
Some famous residents of Altoona include Janet Blair, Brad Benson, Michael Behe, Rob Boston, Sam Cohn, Ripper Collins, Henry Kloss, Star Jones, Tommy Irwin, and Mike Luzzolino.
