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Philadelphia Non-Compete Dispute Attorney
Non‑Compete Agreement Lawyer in Philadelphia, PA Protecting Business Interests and Mobility Throughout Southeastern Pennsylvania
For various types of companies, non-compete agreements can serve as powerful tools for guarding trade secrets, protecting intellectual property, and maintaining the continued success of the business. Both employers and employees should carefully review the details of a non-compete agreement before entering into one, as these documents have several lasting effects for both parties. In some cases, disputes may arise. When this happens, it is important that you seek the assistance of a skilled business litigation lawyer who can protect your rights and best interests.
At van der Veen, Hartshorn & Levin, our Philadelphia non-compete dispute attorneys represent business owners and workers in an array of non-compete issues, including contract disputes. Together, our attorneys have more than two decades of experience in this area of law, as well as a long-established track record of success. We understand the complexities involved in non-compete disagreement cases and how to effectively resolve disputes while protecting our clients’ best interests.
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We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.
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Are Non-Compete Agreements Legal in Pennsylvania?
Non-compete agreements are not only legal, but they are also very common in Pennsylvania. Ostensibly, non-competes are intended to protect businesses’ valuable information. In a practical sense, these agreements limit the ability of an employee to work for competitors of the employer that hired them. Generally speaking, non-compete agreements are considered legally enforceable in Pennsylvania.
To be considered valid, a non-compete agreement must meet the following three requirements:
- The agreement is incident to an employee-employer relationship between the involved parties
- The agreement contains reasonable restrictions that are necessary to protect the employer
- The restrictions contained within the agreement are reasonable in scope
The last point—non-compete restrictions must be reasonable in scope—is one of the most-contested aspects of non-compete agreements. To be considered “reasonable in scope,” the non-compete agreement must only impose restrictions that are limited in both time and geographical reach. For example, a non-compete agreement that prohibits an employee from working for a competitor in another state or working for any competitor within 20 years will likely be considered unreasonable and, therefore, unenforceable.
Frequently Asked Questions About Non-Compete Agreements in Pennsylvania
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!
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To be enforceable, a Pennsylvania non-compete must (1) be tied to an employment relationship, (2) protect legitimate business interests such as trade secrets or customer goodwill, and (3) impose restrictions that are reasonable in both duration and geographic scope. If a restriction is broader than necessary—such as banning competition for many years or across an excessively large area—a court may refuse to enforce it.
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Often, no. If your employer materially breached your employment agreement (for example, failing to pay wages, changing essential job terms unlawfully, or acting in bad faith), this may void the non-compete. Similarly, depending on the circumstances, involuntary termination can weaken an employer’s argument that restrictive covenants are necessary. An attorney can evaluate whether the employer’s conduct undermines enforceability.
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Employees may defend themselves by showing that:
The agreement is unreasonable in scope or duration
The new job does not actually compete with the former employer
They did not access trade secrets or proprietary information
The employer lacks a legitimate business interest
The agreement was signed under coercion or without proper consideration
Courts often modify (“blue pencil”) overly broad restrictions or dismiss them entirely when they exceed what the law allows. -
There is no statewide maximum length for most industries, but restrictions must be reasonable. Common enforceable periods range from 6 to 24 months. Longer durations may be allowed only if justified by the nature of the business and the employee’s role. Certain professions, such as healthcare, may have specific statutory limits. A lawyer can assess whether the time period in your agreement would likely be upheld or struck down.
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