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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5828
Experience:  Experience in business law, contract law and related matters.
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Are there ways to get around non compete agreements. I own

Customer Question

Are there ways to get around non compete agreements. I own a company and would like to head hunt several sales people from a similar company. I am pretty sure they have non compete agreements because I previously worked for this same company.
Submitted: 11 months ago.
Category: Business Law
Expert:  MDLaw replied 11 months ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you this afternoon.

Whether or not you can get around a non-compete would depend on the specific non-compete and the language that is included in the non-compete. As with every contract, it's the exact language that needs to be looked at. Also, in some states, non-competes are not enforceable at all and in other states, there are limitations to what can be in a non-compete. If the language violates the law, some states will make the entire non-compete unenforceable while other states will only make the specific illegal clause unenforceable. You would also have to look at the geographic limitations and length of time. You also need to look at what state's law governs the non-compete.

If you need any additional information, please let me know.

Customer: replied 11 months ago.

I live in Pa. Is there a specific place to read up on non compete laws -as you note?

Expert:  MDLaw replied 11 months ago.
It's the state that governs the non-compete that is relevant. Where you live or where the party who signed the non-compete lives is not relevant in most instances.

When you ask where you can read up on non-compete clauses, it's an area of law that is very nuanced and a lot is based on case law. To that end, when you ask where you can read up on non-compete laws, I would need to know whether you are asking about non-compete laws generally or whether you are asking about a specific state's non-compete laws.
Customer: replied 11 months ago.


This would be Pa. specific. all operations and employees would be in Pa.

Expert:  MDLaw replied 11 months ago.
I think you are misunderstanding, Rich, unless it is I that misunderstood. I thought you were asking about employees of other companies and their non-competes and not your company. In such a case, where you are located or where your employees are located is not relevant. What is relevant is what the governing laws are of the non-compete that has been signed. Or were you asking about getting around non-competes that your company has had signed by your employees? (I thought you were asking employees of other companies).

Customer: replied 11 months ago.

Yes, My company is in Pa. The employees I want to hire are from a Pa company. They signed non competes with the other company - which is located in Pa.


 


Sorry for the confusion

Expert:  MDLaw replied 11 months ago.
Thank you for the additional clarification, Rich.

You have asked where you can read more about PA law on non-competes. There was a recent PA Supreme Court case that discussed the law in PA. You can find a summary at the following site:

http://schnaderworks.com/2013/06/14/pa-supreme-court-finds-non-compete-ancillary-to-commencement-of-employment-is-enforceable-even-though-not-mentioned-in-offer-letter/

I'm not associated with the above site in any way.

Please let me know if you have any additional questions for me. If you do not, thank you in advance for allowing me to assist you this afternoon,

MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5828
Experience: Experience in business law, contract law and related matters.
MDLaw and 5 other Business Law Specialists are ready to help you
Customer: replied 11 months ago.

Still thinking of a way to circumvent a non compete. If the employee I want to work with is under a non compete for working for similar business and mine is a similar business Here is what I want to do:


I want that employee to make his book of business contacts available to me or one of my employees. We would solicate all business from that book of business, without the person being involved with our efforts. I would have that employee start an LLC as a billing company. We would submit all orders to that persons new billing company and pay them a percentage of all orders collected.


 


 

Expert:  MDLaw replied 11 months ago.
Hi, Rich. Keeping in mind that we are not allowed to give legal advice, I'm not sure what your question. Please let me know what additional information you are needing.

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