Restrictive Covenants In Contracts In Philadelphia
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FAQ
Pennsylvania courts blue-pencil when “a covenant imposes restrictions broader than necessary to protect the employer” (Pharmethod, Inc.
There may be terms in your contract that says you can't work for a competitor or have contact with customers for a period of time after you leave the company. These are called 'restrictive covenants'. Your company could take you to court if you breach the restrictive covenants in your contract.
My limited understanding is, restrictive covenants are only enforceable by a home owners association created among them. A local government isn't going to swoop in and enforce, or defend, a covenant that you created on your property. The local government is only concerned with land use ordinance's and state laws.
These covenants were agreements added to property deeds that typically prohibited the sale or lease of the property to non-White persons. In Philadelphia, such covenants were put into place to restrict the movement of Black residents into new developments and predominantly White neighborhoods.
Non-compete clauses are enforceable and legal in Pennsylvania as long as they reasonably protect the business' interest and have reasonable duration and geographic restrictions.
Nevertheless, the Pennsylvania Supreme Court has made it clear that non-compete agreements and restrictive covenants are not favored in Pennsylvania and are viewed as a trade restraint that prevents a former employee from earning a living.
The courts will restrain an ex-employee from violating a restrictive covenant only when the circumstances make it reasonable to enforce. However, a Pennsylvania court will look only at the terms when the ex-employer sues for damages, not an injunction.
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
