I signed an agreement containing a non-competition clause at the start of my employment. I have now been fired. Can my employer prevent me from working for a competitor?
Pennsylvania courts will enforce non-competition clauses in employment agreements under some circumstances. However, these clauses are subject to close judicial scrutiny. In most cases, if you are fired, the court will not enforce a non-competition clause in an agreement.
Pennsylvania Courts would not ordinarily enforce a restrictive "non-compete" agreement unless it appears the employee deliberately acted to provoke the termination of employment. However, if the Court believes that the employee purposely neglected his duties so that the employer would terminate the employee, the Court is likely to enforce the non-competition agreement, provided it is reasonable in geographic scope and limited to a reasonable period of time.
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