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hello my name is John Gallagher I am an employment lawyer have been in Pennsylvania since 1991 in the Philadelphia area I am in Malvern approximately 15 miles west to Philadelphia about ten minutes from the King of Prussia Mall and I want to talk about what we refer to in the industry is restrictive covenants commonly referred to as non-compete agreements by the public she even offered a new job they offer you an employment contract in that contract there are three restrictive covenants confidentiality non competition and non solicitation and you wonder well what happens if it's six months they laid me off or any year they decide I'm not performing up to their standards and they let me go am I not gonna be able to find a new job because of these restrictive covenants and the answer to that is first of all you should understand that generally these covenants are enforceable in Pennsylvania but the bigger problem your respective of enforce ability is finding a new job your potential new employer may say you know we don't want to get involved with all that there's other candidates that have never signed one of these so thank you but no thank you that's so even though for example the law says if you're let go because of a layoff or because you're deemed to be a poor performer you are under the law a quote worthless employee and hence there's no legitimate business reason for your former employer to enforce the non-compete covenant and you're free from it but who wants to go to court and prove all that that can be expensive and time-consuming by the way with regard to confidentiality and non solicitation of customers you're never going to negotiate those out of this employment contract bear in mind the the the company that's hiring you has a legal department or outside counsel that have been rising them for years they have an HR department and these folks have spent time and effort to put together these contracts and they're not really inclined to negotiate them at all but they will negotiate them under certain circumstances some commonly involved in such negotiation so I know but let me give you some real-life tips as I said in Pennsylvania if you are that go for a layoff you're deemed of worthless employee and you're free from the restrictions of the non-compete restrictions well why not add that to the contract just to add some language that says if the employee is laid off then the employee is free from the non-compete with regard to poor performance alleged poor performance company says you're just not meeting our standards fine if they feel that way then state that in the agreement if I'm let go because of alleged poor performance then I'm free from the non-compete restrictions with regard to those negotiations you might also want to include something that says that under certain circumstances the company will agree that the employee is free from the non-compete and will state so in writing and if the employer fails to agree in writing then you shall have the right to seek an injunction in court and if you have to seek that injunction then you get your attorney fees and cost paid these can be extremely effective clauses and the reasonable and fair but negotiating them can be extremely difficult on your own finally for today with regard to the non solicitation to me the non-solicitation should be narrowly drawn so that it says that the employee will agree not to sue as a business from any clients or customers with whom the employee has had actual contact during his or her employment that will limit the scope of the non solicitation to a much more reasonable level so again negotiating these things can be not easy because you're dealing with lawyers and HR personnel that are not used to negotiating these because they take pride in the language so you may want to consider hiring counsel to help you in this situation if you want to reach me you can do so at 6 1:06 four seven five zero two seven that six one zero six four seven five zero two seven or you can email me at j AG at John a Gallagher comm thank you have a great day