In a 4-1 decision, the Court held Wednesday that the language “intending to be legally bound” found in Pennsylvania’s Uniform Written Obligations Act will not save an otherwise unenforceable non-competition agreement. You can get the complete back story on this decision in prior blog posts I did here and here.
That leaves two ways to create an enforceable non-competition agreement under Pennsylvania law.
Blood.As a condition of initial employment with the company (i.e., I won’t hire you unless you agree to this here agreement not to compete); or Ok, tickle torture.For a current employee, you’ll need to provide additional consideration (e.g., a raise, bonus, promotion, etc.) to support a non-competition agreement. Telling someone, “Sign this, or you’re fired,” just won’t cut it.