A non-compete agreement can affect where you work, which clients you serve, and how quickly you can move forward in your career. Our Pittsburgh employment lawyers help employees understand restrictive covenants, evaluate enforcement risks, and respond to employer demands.
Employees are often asked to sign non-compete agreements when accepting a job, receiving a promotion, changing roles, or negotiating a separation. These agreements may restrict the type of work you can perform, the employers you can join, the customers you can contact, or the geographic area in which you can compete.
The wording of the agreement matters, but it is not the only consideration. When and why you signed it, what you received in return, your position, and the employer’s reason for imposing the restriction can all affect whether the agreement may be enforced.
A Pittsburgh non-compete lawyer can review the full agreement and help you understand your options before you resign, accept another position, or respond to your former employer.
Do not assume that your agreement is either fully enforceable or completely invalid. Non-compete disputes are highly dependent on the contract language and the surrounding facts.
Our employment attorneys can review your agreement before you:
We can identify potential risks, explain which restrictions may apply, and help you approach your transition more carefully.
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Pennsylvania courts generally examine several factors when reviewing a non-compete agreement. The restriction must be connected to an employment relationship, supported by adequate consideration, reasonably limited in duration and geographic reach, and designed to protect a legitimate business interest.
An employer may have a valid interest in protecting confidential information, trade secrets, specialized training, customer relationships, or business goodwill. However, a restriction intended only to prevent ordinary competition may be open to challenge.
Timing can also be important. When an employee signs a non-compete after employment has already begun, continued employment alone may not provide the new and valuable consideration required under Pennsylvania law.
Employer threats should be taken seriously, but they should not go unanswered without review.
A former employer may send a demand letter claiming that you violated a non-compete, non-solicitation clause, confidentiality provision, or trade secret obligation. The letter may demand that you leave your new job, stop contacting certain customers, return company information, or provide written assurances.
In some cases, an employer may seek a temporary restraining order or preliminary injunction intended to stop the employee from working while the dispute is pending.
A lawyer can evaluate the agreement, the employer’s allegations, and the urgency of the situation. Prompt review may also help preserve important evidence and prevent statements that could later be used against you.
Employment agreements often combine a non-compete clause with confidentiality, customer non-solicitation, employee non-solicitation, intellectual property, and trade secret provisions.
These restrictions do not all operate in the same way. Even when a non-compete is questionable, an employee may still have valid obligations concerning confidential records, proprietary data, pricing information, business strategies, or protected customer information.
At the same time, an employer does not automatically own an employee’s general experience, professional knowledge, or publicly available information. A careful review can help separate legitimate restrictions from terms that may reach beyond what is reasonably necessary.
Pennsylvania law provides additional protections for certain health care practitioners.
Non-compete agreements are particularly important in Pittsburgh’s health care employment market. Pennsylvania’s Fair Contracting for Health Care Practitioners Act applies to certain agreements involving physicians, certified registered nurse practitioners, certified registered nurse anesthetists, and physician assistants.
For covered agreements entered into on or after January 1, 2025, many non-compete covenants are considered void and unenforceable. A restriction of no more than one year may still be enforceable when the practitioner was not dismissed by the employer. Separate exceptions may apply to business sales, ownership interests, and similar transactions.
Health care contracts may also contain patient notice, expense repayment, non-solicitation, and confidentiality terms that require separate review.
The Lacy Employment Law Firm helps Pittsburgh employees address restrictive covenant issues before and after a dispute begins.
Our attorneys can review the agreement, evaluate potential enforceability, identify weaknesses in the employer’s position, negotiate a waiver or narrower restriction, respond to demand letters, and represent employees facing legal action.
Whether you are considering a new opportunity in Pittsburgh, moving to another market, or starting your own company, understanding the agreement before acting can help you make a more informed decision.
Some non-compete agreements are enforceable in Pennsylvania, but not every restriction will hold up in court. Courts may consider whether the agreement was supported by adequate consideration, protects a legitimate business interest, and is reasonably limited in duration, geography, and scope.
An employer may ask a court for an injunction that prevents an employee from performing certain work while a non-compete dispute is resolved. Whether the court grants that request depends on the agreement, the employer’s evidence, the alleged harm, and the surrounding circumstances.
Under Pennsylvania law, continued employment alone is generally not sufficient when an existing employee is asked to sign a new restrictive covenant. The employer may need to provide a meaningful benefit or favorable change in employment status, such as a promotion, compensation change, bonus, or additional benefits.
Have the letter and every related agreement reviewed promptly. Preserve emails, contracts, job descriptions, and communications with both employers. Avoid deleting records, transferring company information, or making admissions before you understand the claims and your legal options.
It may, depending on the agreement’s geographic language, the employer’s business area, the employee’s responsibilities, and the law governing the contract. A broad geographic restriction is not automatically enforceable simply because it appears in a signed agreement.
Pennsylvania places special limits on non-competes involving certain health care practitioners. For covered agreements entered into on or after January 1, 2025, restrictions are generally unenforceable unless an exception applies, including certain agreements lasting no more than one year when the practitioner was not dismissed by the employer.
