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Non Compete Questions

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answer3

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

This is going to be a little long, but please offer your thoughts and thank you in advance....

I have heard through the grapevine that my former employer who i left a little over a month ago is very upset with my choice of new employment and is going to move forward with regards to the non compete i signed.

here are some facts...

i was not given any consideration for signing the non compete. i cannot remember exactly when i signed it, but it was not before being employed. it may have been a week after being employed, a month, or 6 months... but the fact is, it was not mentioned in my offer letter and i did not sign it before employment, therefore "employment" does not count as a consideration here correct??

if there is no consideration is that all the further i need to go? it is now unenforceable? let me know...

here is what happened ... i got a new job that is in the same industry, but my former employer really only had 1 customer in the industry, which i have had no contact with and plan on having no contact with.

i have no knowledge of "trade secrets" or anything special that i would be stealing or using from my old company.

i work in the lighting distribution industry in which i do lighting layouts for buildings and quotes. i am not out selling, trying to steal their customer or anything like that.

when asked by my former employer where i got hired i told them the company name and kept it general saying i was going to be working on their computer system, which could mean anything. i did not want to have to deal with them asking me why i am going somewhere else to do lighting and have them try to give me offer after offer, i had already made my mind up i was leaving, so i just kept it general in hopes of avoiding any questioning.

here i am a month later and i am hearing they are pretty upset and going to move forward with this non compete i signed because they feel like i lied to them. i believe this is more about that.

they have no evidence of me stealing customers (which i have not and do not plan to), they have incurred no harm (because there has been none), there really is nothing except for the fact i am working for another company that sells light fixtures. would that be considered "normal competition" and unethical for them to try to take me to court for?

alright, i am sure there is more questions i will have, but i want to see your initial thoughts on this. please let me know asap as the letter is probably on its way.

i am most interested in the consideration part, because is it true if there is no consideration, then the whole thing is out the window?

Thanks a lot
 


cbg

I'm a Northern Girl
When you showed the entire non-compete to an attorney in your state and asked him about it, what did he say?
 

eerelations

Senior Member
I did not show the non compete to an attorney.

Well, you need to do that! :cool:

Regarding consideration, this is seldom (to the point of being not) a requirement in the US in the area of employment contracts. Other countries yes, the US no.
 

cbg

I'm a Northern Girl
We cannot comment on the enforceability of a document we have not read.
 

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