What Happens If You Violate a Non-Compete in Pennsylvania? Legal Consequences and Your Options

May 13, 2025

Understanding Non-Compete Agreements in Pennsylvania

A non-compete agreement is a contract between an employer and employee designed to prevent the employee from engaging in similar work that competes with the employer for a certain period and within a defined geographic area. In Pennsylvania, these agreements are enforceable, but only if they are deemed reasonable in scope, duration, and geography—and if the employee receives adequate consideration in exchange for signing.



If you’ve signed a non-compete agreement in Pennsylvania and are considering working for a competitor, or have already done so, it’s essential to understand the legal implications.


Legal Consequences of Violating a Non-Compete


Violating a non-compete agreement can lead to serious legal consequences. The most common outcomes include:


  • Injunctions: A court may issue a temporary or permanent injunction preventing you from continuing to work for your new employer or starting your own competing business.


  • Monetary Damages: Your former employer may sue you for financial losses they believe were caused by your violation.


  • Attorney’s Fees and Costs: In some cases, courts may order the violating party to pay the employer's legal fees and court costs.


Courts in Pennsylvania evaluate several factors when determining if a non-compete violation should be enforced, including whether the agreement protects a legitimate business interest, whether it imposes an undue hardship on the employee, and whether it is contrary to public policy.


Your Legal Options if You’re Facing a Non-Compete Dispute


If you’re accused of violating a non-compete agreement, all is not lost. You have several legal defenses and options:


  • Challenge the Enforceability: You can argue that the agreement is too broad or vague, lacks adequate consideration, or is unreasonable in time and geographic scope.


  • Negotiate a Settlement: It may be possible to resolve the matter outside of court through negotiation, potentially limiting financial liability or reducing restrictions.


  • Request Declaratory Judgment: You can file a legal request asking a court to rule on whether the non-compete is valid or enforceable before your employer takes action.


How The Lovitz Law Firm Can Help


At The Lovitz Law Firm, we provide strategic guidance to individuals and businesses in Philadelphia navigating non-compete disputes. Whether you’re being threatened with a lawsuit or need help interpreting a non-compete clause before accepting a new job, our legal team is here to protect your interests and advocate for your rights.

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