Parties Cannot Use Parol Evidence to Determine Enforceability of Non-Compete Provision In WMI Grp., Inc. v. Fox, 109 A.3d 740, 742 (Pa. Super. 2015) WMI appealed from a lower court’s decision denying their petition or a temporary restraining order and preliminary...
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PHILADELPHIA BUSINESS LAWYERS – BLOG
Philadelphia Employment Lawyers: Courts Denied use of Parol Evidence in Non-Compete Provision
Philadelphia Non-Compete Lawyers: MOVE Act
This past June, Senators Al Franken of Minnesota and Chris Murphy of Connecticut introduced The Mobility and Opportunity for Vulnerable Employees (MOVE) Act, a bill which would ban non-compete agreements for employees earning under $15 per hour or minimum wage,...
read morePhiladelphia Business Lawyers: Restrictive Covenants – Who Owns Customer Goodwill?
Pennsylvania courts recognize that an employer does not have a legitimate business interest in restricting an employee from soliciting customers he did not obtain during his employment. In Radian Guar. Inc. v. Bolen, 2014 WL 2777450, at *1 (E.D. Pa. 2014), the...
read morePhiladelphia Business Lawyers: Restrictive Covenants Disfavored in Pennsylvania
Disfavored in Pennsylvania and cannot be assigned to Purchaser of Business without Consent In the area of employment law, restrictive covenants, which include non-competition and non-disclosure covenants, are agreements made between employers and employees which limit...
read more“Oppressive” Jimmy John’s Non-Competes Survive Court Challenge
An Illinois federal judge has declined to grant an injunction to prevent Jimmy John’s franchisees from enforcing their non-compete agreements. This past year, the sandwich franchise giant drew a great deal of public criticism for these agreements, which have been...
read morePennsylvania Employment Lawyers: Non-Compete Agreements May Be Enforced Where There Is Adequate Consideration
In Pennsylvania, if an employment contract containing a restrictive covenant is entered into subsequent to employment, it must be supported by new consideration. Recently, in L.B. Foster v. Barnhart, 2015 WL 3622287 (3d Cir. 2015), the Third Circuit interpreted...
read morePhiladelphia Business Lawyers: Non-Compete/Disclosure Agreement
In Socko v. Mid-Atlantic Systems of CPA, Inc., the Superior Court of Pennsylvania gave a key ruling which held that a non-compete agreement that only states the parties “intend to be legally bound, ” but does not provide any new advantage of value or...
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