If you have been sued over a violation of a Non-Compete Agreement or are seeking judicial relief from a Non-Compete Agreement, I am an experienced attorney in the field of litigating Non-Compete Agreements.
Enforceability of Non-Compete Agreements
Not all Non-Compete Agreements are enforceable. In any contract, there must be the element of consideration, which is a legal term used to describe a mutual exchange of promises. Both parties to a contract must promise something to the other to be enforceable. Since most employees are at-will employees (employees without a contract guaranteeing employment for a specific duration), most Non-Compete Agreements lack the element of consideration which makes the Agreement unenforceable as a matter of law.
When Non-Compete Agreements Are Enforceable
If the Non-Compete Agreement was an express condition of an employment offer, the Agreement may be upheld in court. However, if the Agreement was entered into after the employee already accepted the employment position, it’s quite possible that the agreement is unenforceable as a matter of law due to lack of consideration.
Further, Non-Compete Agreements must also be reasonable in duration and geographic scope. If a Non-Compete Agreement is overly broad, it’s possible for it to be completely thrown out in Court or the Court may be permitted to “blue pencil” the Non-Compete Agreement by limiting the length of the non-compete and geographic extent of the non-compete.
Retaining a Non-Compete Attorney
If you have been sued due to a violation of a Non-Compete Agreement or need relief from a Non-Compete Agreement that you signed, please call me for a free consultation at (484) 362-9286. My office is located in Bethlehem, PA, and I primarily practice in Northampton County and Lehigh County.