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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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