Non-Compete Agreements - A Few Things to Keep in Mind

Philadelphia Area Employment Lawyer Experienced in Fighting Non-Competition Agreements With Offices in Paoli, Exton, Radnor, King of Prussia, Plymouth Meeting and Center City

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Non-Compete Attorney to help you, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website for more information about our Firm..

What Should I Look or in my Non-Competition Agreement?

A few simple starting points. (we will be discussing additional principles in the future; for past blogs on non-competition agreements, just use the Search bar to the right). 

First, you need to know what state's law will govern its enforceability.  This is usually found near the end of the agreement; often times, it will be the law of the home office of the company.  Every state has different laws regarding non-compete agreements, so this is a critical starting point.

Second, you need to know where any litigation arising out of the non-compete will be held.  This is usually located in the same paragraph as the "choice of law" provision discussed above.  Often, the forum for any litigation will be in the county in which the home office of the employer is located.

Since most non-compete agreements require you to consent both to the law governing the agreement and the location where any dispute will be fought, these are important starting points to understanding the strengths and weaknesses of your position.  Being sued in Chicago, and having your dispute governed by Illinois law, is a lot different to being sued in Montgomery County under Pennsylvania law!  

Third, you want to know if the prevailing party in any case will be awarded their legal fees.  Somewhere in the agreement, this is usually discussed.  There are three possibilities: 1) if there is no language about attorney fees, then each party pays its own fees, win or lose; 2) if the language says that you pay the attorney fees of the company if it prevails in any litigation against you, that will be the way it goes - you pay your own fees no matter what, and pay your ex-employer's fees if they win the case; or, 3) if the language says that the "prevailing party" in any litigation pays the other side's legal fees then, if you win, the other side must pay for your fees, and vice versa.  The latter scenario is the one that provides the greatest potential disincentive to an employer that is thinking of suing you in a "close case."

Labor Lawyer Specializing in Non-Compete Contracts Serving Employees in Locations Such as Paoli, Malvern, West Chester, Downingtown, Phoenixville, Norristown, Lansdale, Collegeville, Pottstown, Media, Newtown Square, Radnor, Villanova, Wayne and Surrounding Areas

We regularly counsel employees on complicated and important employment-related issues. Few things are more important than our job. If you have questions about your job, call us today and we will spend some time speaking with you about it at no cost to you. If we believe we can be helpful, we will discuss options for proceeding further on your behalf.

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Don't Quit That Job Pennsylvania Employees

Unemployment Hearing Lawyer Representing Only Employees in Chester County, Montgomery County, Delaware County and Philadelphia

Should I Quit My Job in Pennsylvania?

One prominent management-side employment lawyer is fond of saying, with a great deal of zest I might add, "a quit is always better than a fire!"  His credo is the almost universal credo of all management.  Why does management feel that way?  Let's explore, and expose for you certain management philosophies and strategies in the process!

Chances are, if you are being asked to quit your job, your employer is thinking about trying to deny you unemployment benefits!  And, if they are asking you to quit, that usually (but not always) means that you haven't done anything bad to justify your termination.  That is, the employer does not really believe you engaged in "willful misconduct." 

If a desire to deny you unemployment benefits is not the primary issue for the employer (it's always part of the issue, trust me!), then it may be concerned that its treatment of you could give rise to some sort of employment-related lawsuit.  That message is usually delivered something like this:  "Well, we'll pay you some severance, and we won't contest your claim for unemployment if you sign this release."  Then, you quit and, when you file suit, they say, " Your loss of wages came about not because you were [discriminated against, harassed, retaliated against, etc.], but because you quit your job.  If you had only given us a chance to fix the problem, we would have, and you'd still be happily employed today.  But you didn't, and we're not paying you anything because you are responsible for your loss of the job."  Or words to that effect!

Of course, sometimes employers just want you to quit and sign a release in exchange for some severance so that they do not have to worry about you filing a baseless lawsuit against them.  If you polled HR in America, the overwhelming, vast majority (say 99%) would assert that such fears of totally baseless lawsuits are the only reason they ever offer severance.  They would say to me vigorously, "Who are you, a workplace advocate who has litigated numerous discrimination, etc. claims against companies over the past 20 years, to say otherwise?!" To which I reply, "Otherwise."  But that doesn't mean that the fear over baseless lawsuits from employees who are perceived to be "trouble" is not accurate. Believe me, many people get very angry when they are fired, and the EEOC's doors are always open to one and all.  So, I get that rationale is a valid reason for some offers of severance.

But, still, it begs the question -- why does the company want to insist that you quit your job? 

Employers will often suggest that you should quit rather than being fired "so your record is clean."  What record?  Unlike public criminal records, or credit reports, there is no such thing as a public employment record.  Employers do not enter information about why you no longer work for them in any sort of database to be compiled and disseminated to future prospective employers.

So, I surmise, the most common factor in all employer requests for an employee's resignation is the employer's desire to avoid paying or being charged for the employee's unemployment benefits. 

If You Are Fired for Poor Performance, You Still Get Unemployment Benefits in Pennsylvania

That's right, if you are fired for poor performance, you can can usually get unemployment benefits.  So, if the employer wants to get rid of you because it feels that you are "not up to the job," don't quit,  Make them fire you.  Why?

Because if you quit, I can guarantee you that, either in their zest to defeat your claim for unemployment benefits or simply because they honestly "misremember" what exactly happened when you separated from employment, many (not all, but many) employers will tell unemployment that they weren't going to fire you.  If you quit and the Unemployment Referee believes your employer's testimony (that you quit) , you will be denied unemployment because you voluntarily quit your job without a necessitous and compelling reason. 

Thus, since no one will know whether you were a quit versus a termination, and your chances of getting unemployment depreciate significantly if you quit -- don't quit that job!  Further, quitting your job may have a significant impact on your rights under state and federal employment laws which exist, I might add, because the U.S. Congress, and the legal system have determined that, indeed, sometimes employers do terminate employees for illegal reasons.  Otherwise, indeed!

Discrimination Lawyer Serving Individuals in Locations Such as Malvern, Exton, Downingtown, Phoenixville, Collegeville, Lansdale, Pottstown, Newtown Square, Radnor, Broomall and Surrounding Areas

If you are facing imminent termination, call a qualified employment lawyer to discuss your options.  Don't get pressured into a quick and irreversible quit.

Have more questions about Unemployment Benefits in Pennsylvania?  Click Here.  Have additional questions concerning how to prove unlawful discrimination? Click Here.

John A. Gallagher, Philadelphia Area Employment Attorney.

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Senate Extends Unemployment - Good News for Pennsylvania Residents

Pennsylvania Citizen With Unemployment Appeal Questions? We Can Help

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Unemployment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Visit our Website today.

Today, the Senate passed a bill further extending unemployment benefits to people who have been unemployed for a long time.

Philadelphia Unemployment Appeal Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

In Pennsylvania, the maximum weekly unemployment benefit is $553. Prior to today, many people were going to lose benefits in the near future. Now, your right to receive unemployment compensation benefits is extended to the end of November 2010.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Unemployment Compensation Issues

Call us today if you believe you need advice on your unemployment appeal, or have questions about extended benefits. We will discuss the matter with you and give you an idea on how to proceed at no cost. If you have an upcoming unemployment hearing in Malvern, Norristown, Springfield, Bristol or Philadelphia, we frequently handle them on a contingent fee basis (no recovery, no fee).

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What Happens at an Unemployment Hearing in Pennsylvania?

Unemployment Hearing in Malvern, Springfield, Bristol, Philadelphia or Norristown?

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

Pennsylvania Unemployment Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

You will be in a room about 15 x 20.  The Referee will sit at the head of the table.  You will sit on one side (with your lawyer and any witnesses), the employer on the other (with their lawyer and any witnesses).

First, the Referee will explain your rights.  Then he/she will introduce all of the exhibits.  Then testimony will begin. 

If the issue is whether you were fired for willful misconduct, the burden is on the employer, and it will have to prove its case first.  If the case is about your quitting, the burden will be in you to prove that you had a necessitous and compelling reason to quit, so you will go first.

Malvern PA Unemployment Lawyer

Any documents that contain statements from people that are not in the room should be objected to as hearsay.  Any testimony about what someone who is not in the room said, did or heard should be objected to as hearsay.  You will have a right to cross-examine the employer. If you do not have a lawyer, you will be expected to give the testimony you need to, and to cross-examine the company's representative.

Norristown, PA Unemployment Hearing

One thing you may want to consider before the testimony actually starts is seeking sequestration of witnesses.  What is sequestration?  The process of removing witnesses from the room who have not yet testified, so that they will not be able to "parrot" the testimony of other witnesses.  So, if your employer has 3 witnesses, you want to remove any that are not testifying until it is actually their turn to testify.  Simply ask the Referee to sequester the witnesses.  If they ask you why, say "to insure the integrity of the proceeding."  Referee's almost always grant sequestration.  If they refuse, it could be a basis for a new Hearing on appeal.
 
Springfield PA Unemployment Attorney
 
The Hearing will be recorded, and you will have a right to appeal if you lose.  However, winning the appeal is hard (you do not get a new Hearing, it is based entirely upon the transcript of the hearing).  Given the importance of unemployment benefits, and the fact that most companies have a lot more experience with unemployment hearings than you do, it is a good idea to hire an experienced unemployment lawyer for Unemployment Hearings in Pennsylvania.

One other thing to bear in mind - Poor Performance is not a basis for denial of unemployment benefits.  Employers know this, and will often cultivate reasons for why the employee was terminated in an effort to convince the Referee that the true reason for the firing was some act of willful misconduct, as opposed to poor performance.  In such "pretext" cases, the skills of an experienced attorney could be worth their weight in....a year of unemployment benefits.

Philadelphia Area Employment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

Call today if you need guidance on Unemployment Hearings.  To see our list of FAQs on Pennsylvania Unemployment procedures and rules, Click Here.

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