Non compete agreement

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Non compete agreement

I started a new job and in orientation
they had us sign a non compete
agreement.
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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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