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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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Company that red me 5 years ago was acquired in Dec 2015.

Customer Question

Company that hired me 5 years ago was acquired in Dec 2015. The original employer has me sign a non compete agreement that was assignable. The new owner has reduced the benefits paid via 401(K) as well as reduced the employer medical care benefits. The non compete is under Pennsylvania Law. I feel like this is a brand new employer that I did not choose to work for. Can they enforce the non compete clause.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

It depends on the specific wording of the contract but as a general rule the rights and obligations under a non-compete clause can be assigned to a new employer and thus the new employer can then enforce the non-compete agreement. However, you mention that the new owner reduced benefits, etc and so it is at least possible that they breached the agreement first and therefore wouldn't be able to sue to enforce the agreement due to a doctrine of law known as "unclean hands".

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