Employment Law Insight

Talking With Your Attorney ( Part 3 of 3)

This brings us to the final phase of this series – meeting with your attorney. Having worked with many employees seeking to continue to work in their chosen field, but faced with a restrictive covenant, the initial meeting with the clients often runs the gamut of reactions

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Supreme Court Addreses Assignability of Non-Competes

The recent Pennsylvania Supreme Court decision in Hess v. Gephart & Co., Inc. Pa. Supreme Court, Docket 104 MAP 2001, (Decided October 16, 2002) will most likely require employers and employees to re-examine their employment relationship where there has been a transfer of assets between companies and where those assets include employment contracts which contain restrictive covenants.

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The Problems of Successors in Enforcing Non-Competes

The recent case of Savage, Sharkey, Riser & Szulborski Eyecare Consultants, P.C. v. Tanner continues a trend by Pennsylvania courts to strictly construe and enforce – to the letter – terms of restrictive covenants, and is another Pennsylvania case where a successor company was unable to enforce a covenant not-to-compete.

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