Pennsylvania Courts Must Consider Broader Circumstances When Determining Enforceability of Non-Compete Agreements


A new ruling by the Pennsylvania Superior Court says that courts must look beyond the reason why an employee was fired in determining whether or not a non-compete agreement is enforceable.

In Missett v. Hub International Pennsylvania, LLC, the Pennsylvania Superior Court ruled that the circumstances of an employee’s termination alone are not sufficient to determine whether a non-compete agreement is enforceable. This decision reverses the previous trend of Pennsylvania courts to reflexively find non-competes unenforceable solely on the grounds that an employee was fired without cause.

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