What Can Be Done About An Employer Preventing You From Getting Work?

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What Can Be Done About An Employer Preventing You From Getting Work?

In short, I signed a non compete contract with an employer and ended up leaving the position because I was no longer able to fulfill the duties of the position. It was due to family responsibilities that they were not able to accommodate in the trucking business. They fully enforce this clause sending cease and desist letters to potential employers with whom I’ve applied for employment. Is there anything that can be done? I need to work and this has cost me two jobs already.

Asked on August 30, 2018 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you signed a noncompete and then quit--even for what you considered good reasons--they may legally enforce it against it. The fact they did not accommodate your family responsibilities is irrelevant; an employer is under NO obligation to accommdate employees' family needs. 
While noncompetes are enforceable, there are limits on how long they can be enforced, the geographic radius within which they can be enforced, and the types of jobs they can bar you from. Bring a copy of the agreements to an attorney to review with you, to see what limitations might exist on the noncompete and where and when, doing what, you can get jobs for.


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