Getting Out Of A Non-compete In Pa

[GYRO22]

PENNSYLVANIA

Ihave signed an employment agreement that includes a non compete clause that states;

"I shall not accept directly or indirectly, nor shall i enter into any contract or consulting assignment with the above named client for a period of one year following the termination of my employment with (said staffing firm) and/or one year following the date transcribed below.(5/28/03) Unless authorized by a representative of (said staffing firm). "

The contract has a start date of 5/28/03 and an end date of "indefinite". I have an opportunity to work for another company that works with the same client and to make a higher salary and benefits. I have tried to talk with the staffing company but they want 30% of 1 year salary as a buyout which I consider ridiculous.

Is one year from the termination of the contract reasonable for a staffing company to impose on an engineering contractor?

Is an indefinite end date legal?

Is 30% a reasonable buyout?

Do I have any options to get out of this contract or should I just let them sue me considering they are requiring the full buyout anyway?

Any advice would be greatly appreciated.

Thanks

Stressed

 

[cbg]

Only an attorney in your state who has read the ENTIRE agreement can answer your questions.

 

[JETX]

I agree with cbg that you would need to have this agreement reviewed by an attorney, but can offer the following:

"The contract has a start date of 5/28/03 and an end date of "indefinite". I have an opportunity to work for another company that works with the same client and to make a higher salary and benefits. I have tried to talk with the staffing company but they want 30% of 1 year salary as a buyout which I consider ridiculous."
*** Obviously, you should have requested a COMPLETE review of the 'buyout' terms and gotten them in writing BEFORE you agreed to sign the agreement.

"Is one year from the termination of the contract reasonable for a staffing company to impose on an engineering contractor?"
*** It is not unreasonable.

"Is an indefinite end date legal?"
*** Based on your post, it isn't indefinite. The end date is one year from the termination of your employment.

"Is 30% a reasonable buyout?"
*** Depends on the specific skills and market demands.

"Do I have any options to get out of this contract or should I just let them sue me considering they are requiring the full buyout anyway?"
*** That would be your choice after discussing this with an attorney.

For more, go to:
http://www.soglaw.com/noncompetearticle.htm