Have you read our non-compete blog with Frequently Asked Questions? Have more questions?
We have Answers! Scroll down for answers to commonly asked questions or simply shoot us an email or call us to schedule a time to talk to us about your particular circumstances in the Commonwealth of Pennsylvania.
I’ve seen your posts about non-compete law and the FTC’s ban on noncompete enforcement. What’s the current status of non-compete law in PA?
Great question. A federal judge has struck down the FTC’s attempt to ban non-competes, but the matter will make its way all the way up to the Supreme Court. In the interim, the law governing non-compete clause enforcement will remain in flux.
Click here for the current status of the FTC’s attempt to ban noncompete enforcement in the US. The bottom line is, only Congress can Click pass new law, and so the FTC’s efforts will almost certainly fail based separation of powers concept in our Constitution. Until then, the legality of a non-compete
Has Pennsylvania Banned Non-Competes?
No. While some states have banned non-competes, Pennsylvania has not (yet) outright banned the enforcement of a covenant not to compete. Click here for more. That said, effective January 1, 2025, Pennsylvania will limit the scope of non-competes for certain (but not all) healthcare workers to one year, but only where the employer has quit, and was not fired for cause. This is the Fair Contracting for Health Care Practitioners Act (the “Act”).
Click here for more.
Why Can a Non compete Agreement Apply to Doctors but Not Lawyers?
Yes, it’s true. A doctor (physician) can be bound by a non-compete, click here for more, but a lawyer cannot. Click here for why lawyers are exempt.
Does PA Law Expressly Limit Certain Non-Competes?
Yes, but only in regard to a “health care practitioner.” And then, the non-compete is allowed, but a new law limits the duration of a “health care practitioner”‘s noncompete. It exceed one year, and no noncompete can be enforced against a practitioner whom the employer had fired. Click here for more.
What Discovery is Allowed Relative to a Noncompete Dispute?
ANSWER Many wonder: what will happen in a non-compete case in terms of the questions the employer can ask the employee? Can the employer use the litigation to harass the outgoing employee through the burdens of questions in litigation, as a punishment for the employee leaving and potentially taking secrets or clients, or other workers with him or her?
