Many lawyers and a few judges in Pennsylvania, however, labor under a misapprehension that a non-competition agreement is unenforceable if the employer terminates the employee. This view has been perpetuated based on the Superior Court’s 1995 decision in Insulation Corporation of America v. Brobston.
This article examines the state of Pennsylvania law on the question of whether termination of an employee by an employer prevents enforcement of post-employment restrictive covenants.
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