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Non-compete vs. Non-solicitation

by | Oct 15, 2022 | Firm News |

Did you know that non-competes and non-solicitations are different? Generally, a non-compete restricts someone from working in the particular field of a former employer in a limited geographic territory for a limited period of time. A non-solicitation does not preclude someone from working, but it does preclude that person from soliciting customers or employees affiliated with the former employer. Significantly, under Pennsylvania law, non-competes are disfavored and will be scrutinized by the Courts before they are enforced. Non-solicitations do not receive the same intense scrutiny, and therefore, are less likely to be rejected by a Court.

Regardless, as a practical matter, either of these restrictions can be a substantial obstacle to finding employment in your field. For obvious reasons, a new employer is less likely to want to hire someone who is bound by a non-compete or non-solicitation than to hire someone who is able to work without restrictions or the threat of possible legal action from a former employer.

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