The employer is responsible for determining the adequacy of the agreement. So be practical if you are assessing the extent of the restriction that must be imposed on an employee. Even if the worker accepts a non-competition clause that is too broad and aggressive, he or she may subsequently challenge the validity of the agreement and a court may declare the agreement as a whole unenforceable. The best thing would be to have no non-competition clause at all. Otherwise, you should try to limit it as much as possible in geographical scope and duration. Narrowly limit it to the area where the employer really cares about you – not the whole industry or industry. For example, you might wonder that the limitation to the clothing retail trade is to work in a clothing store, unlike retail in general, which would cover a very wide range of possible jobs that really have nothing to do with it. The aim is to limit the agreement to what is necessary to protect the employer. You should also consider applying for severance pay in the event of involuntary dismissal. Although two States may use the same method to determine the applicability of a non-competition clause, this does not mean that the laws governing certain issues of applicability are also identical. For example, Ohio law recognizes that the “continued employment” of an employee on demand is sufficient consideration to conclude a disencircling of competition with that employee, even after that employee has begun working for the company. B.J.
Alan Co., a.a.O., 2014-Ohio-2938, 30. Pennsylvania`s law is different, however, because Pennsylvania has recognized that “the mere continuation of the employment relationship at the time of the conclusion of the restrictive pact is not sufficient to serve as a counterpart to the new covenant, whereas it is a relationship that can be terminated at will by both parties.” Socko v. Mid-Atlantic Sys. by CPA, Inc., 633 Pa. 555, 570-71 (Pa. 2015) (emphasis added). Based on the example above, it`s important to consider whether the law of multiple states can be influenced by your non-compete clause. No no. However, if you don`t agree to a non-compete clause, it can cost your potential job (or your current job, if your current employer now wants to sign an agreement that doesn`t previously apply to your job). If the employer is not willing to waive the agreement or change the form or content to better suit you, you may not be hired or you will be fired if you are already employed.
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