Non compete agreement

UPDATED: Oct 1, 2022

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Non compete agreement

I started a new job and in orientation
they had us sign a non compete
The agreement states that I was hired
to perform the duties of project manger
and upon termination of employment I
cant work within 50 miles of the
company for 2 years.

Is this enforceable if I am not doing the
job I was hired to do?

Asked on February 23, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While non competition agreements are enforceable, courts limit them to what is necesssary to legitimately or reasonably protect the employer based on what you actually did for them (and so the knowledge and training you could potentially use against them). In this case:
1) It would only bar you from working for competitors--not for anyone. They can't globally stop you from working.
2) Whether 50 milea is reasonable depends on the industry: how far away are companies that compete with this one? If competition is more local than that (e.g. only companies within a 10-mile radius compete intbis kind of business), a court might reduce the geographic area).
3) Two years is almost certainly too long. For non senior executive, non-former-owner-of-the-business employees, usually only between 6 months and 1 year is enforceable.
4) You would be limited to not not working in ways or positions where you could use the things you did or learned at this employer to help their competitors.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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