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". An employee who signs a covenant not to compete may receive compensation for the agreement, or in some cases the agreement is a condition for their being hired.
When are Covenants not to Compete Unenforceable?
Whether a given judge will enforce a non-compete agreement is difficult to know in advance. While employer's interest are significant, the courts of Pennsylvania also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an excessively long period of time or if they cover an unreasonably large geographic area around Scranton.
Covenants must also be limited to restricting dealings with those competitors that are rationally related 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?
You may want to hire a Scranton, Pennsylvania lawyer to review the covenant before signing any agreements that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or 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.
Find a a Scranton Lawyer that Specializes in Your Area of Need:
There are 230 Employment and Labor Law cases posted in Scranton
Cases Posted to LegalMatch listed by ZIP Code:Non-Compete Lawyers in Other Pennsylvania Cities
Life in Scranton
Scranton is located in the northeast region of Pennsylvania. It is in Lackawanna County, with a population of 76,089 people.An interesting fact is that Scranton is one of the largest former anthracite coal mining communities. Other such communities include Wilkes-Barre, Pittston, and Carbondale.
Some popular attractions include the Scranton Iron Furnaces, The Elecric City Trolley Museum, The Lackawanna Coal Mine at McDade Park, Everhart Museum, Terency Powderly's House, The Houdini Museum, Sno Mountain Ski Resort, and the Masonic Temple.
Scranton is also home to many law offices and small firms that provide legal services in all areas. Residents and businesses can therefore remain rest assured because they do not need to travel far for their legal matters to be handled.
Past famous residents include Bob Degen, Judy McGrath, Alex Grass, Bill O'Reilly, B.F. Skinner, Melanie Smith, and Lizabeth Scott.
