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PerceptionHCC
02-04-2019, 01:24 PM
Hello All,

I need some legal advice on a non-solicit agreement. I live in PA and during my time with my previous employer was promoted into a leadership role and asked to sign a new non-solicit/non-compete that had a 1 year from date of termination stipulation in regards to the non-solicitation clause. When that position was eliminated they provided the initial signed agreement and a cover letter which served as a "reminder of continuing obligations" and it bullets the highlights from the original document. The issues/question is that their cover letter states two years under the non-solicitation section, where as the signed agreement from start date in new role says one. I did not sign off on this letter as it was not requested/required as part of the exit/severance paperwork.

So would a court favor 1 year as the signed original document states?

turboguy
02-05-2019, 01:07 AM
Something that is written and signed is going to have more weight than a comment in a letter where there was no mutual agreement. You could possibly fight it as well. If you did not receive something extra for that non compete clause it is likely not.

PerceptionHCC
02-05-2019, 02:43 PM
Something that is written and signed is going to have more weight than a comment in a letter where there was no mutual agreement. You could possibly fight it as well. If you did not receive something extra for that non compete clause it is likely not.

Thank you Ray! That was my thought as well, but wanted to get some thoughts.