Scranton, PA asked in Contracts and Business Law for Pennsylvania

Q: Pennsylvania: Indefinite (after Independent Contractor Agreement termination) solicit and/or compete clause enforcable?

I've heard of 1-2 year terms, but indefinite length on solicitation/compete... is that enforceable? If not, even with a "Contractor warrants that the above restrictions will not prevent Contractor from earning a living, and that they are necessary to protect the trade secrets of Company, as Contractor's solicitation would necessarily involve Contractor's use of Company's trade secrets." ?

Either way: Can an agreement literally (well in terms of how it reads to a layman) barring you from ever working in the same industry as the Company be enforced/valid/legal?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Depends on how the document is drawn up, what their "investment" in you was--if any. Can't be answered as is. I suggest you get a consultation from an attorney who is a member of the Pa. Assn for Justice and deals in employment issues,

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