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.

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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. Covenants not to compete that a court will categorize as unreasonable include provisions that last for a long duration or that restrict the employee to an unreasonable geographic area around Bethlehem.

The agreements must also deal only with those competitors whose line of employment is rationally related to the previous employer's. Finally, the covenant not to compete must have a legitimate business purpose which is behind the employer's motivation for requiring the agreement.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before signing anything that may restrict your rights, you may want to hire a Bethlehem, Pennsylvania attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or may even draft a new one that is acceptable to both parties Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.

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Life in Bethlehem

Bethlehem is a part of Lehigh and Northhampton Counties in Pennsylvania.  It is a decently sized city with around 75,000 people. 

Major employers that have a presence in Bethlehem include the Pennsylvania Gaming Control Board, Bethlehem Steel, Sands Casino Resort Bethlehem, and St. Luke's Hospital.

Along with these employers, lawyers also have a presence in the city.  Many attorneys practice in law offices or firms in Bethlehem, and focus on providing personalized services to their clients. 

Attractions include the Stefko Boulevard Shopping Center, the SouthSide Film Festival, NEARFest, the Banana Factory, Zoellner Arts Center, Sands Casino Resort, and the Lehigh Canal. 

Interestingly, many celebrities have called Bethlehem home at some point in their life.  These celebrities include John Andretti, Chuck Bednarik, Jonathan Frakes, Mel Harris, Dwayne Johnson, Gary Lavelle, Billy Packer, John Spagnola, and Jonathan Taylor Thomas. 

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Samuel D. LEHIGH, PA

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