Pennsylvania Consulting Agreement for Independent Consultant with NonCompetition Clause
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How to fill out Consulting Agreement For Independent Consultant With NonCompetition Clause?
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FAQ
Hear this out loud PausePennsylvania courts have generally found non-compete agreements to be enforceable if the agreement is incident to an employment relationship between the employer and employee; the restriction imposed is reasonably necessary for the protection of the employer's business interest; and the restrictions imposed are ...
If you realize you need to get out a non-compete agreement, you will want to speak to an employment attorney in Pennsylvania. An attorney can determine if your non-compete clause is enforceable and can review your legal options.
Voiding a non-compete contract is possible in certain circumstances such as proving you never signed it or the contract is against the public interest.
Short Answer: Yes, but as with all non-compete provisions, proceed with caution and draft wisely. Like many states, Pennsylvania has long viewed restrictive covenants such as covenants not to compete with disfavor.
Pennsylvania courts have generally found non-compete agreements to be enforceable if the agreement is incident to an employment relationship between the employer and employee; the restriction imposed is reasonably necessary for the protection of the employer's business interest; and the restrictions imposed are ...
Hear this out loud PauseTypically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
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Hear this out loud PauseIf a company is simply trying to prevent competition, the non-compete will likely be unenforceable. What about independent contractor agreements? It is possible to apply non-compete clauses to independent contractors but there is a much higher likelihood that such a clause is unenforceable.