It appears that things are starting to heat up in the world of noncompete clauses in employment agreements. Apparently, the Pennsylvania Supreme Court kicked off a firestorm of arguments when it decided to grant review of the Superior Court’s decision in Socko v. Mid-Atlantic Systems of CPA, 2014 PA Super 103, 99 A.3d 928, appeal granted, 105 A.3d 659 (Pa. 2014). As reported in The Legal on Dec. 23, 2014, in “Pa. Justices Take on Noncompete Agreement Case,” the Superior Court’s decision affirmed a York County trial judge’s ruling that defendant Mid-Atlantic Systems of CPA Inc.’s noncompete covenant with plaintiff David M. Socko was unenforceable because the employer failed to offer Socko, who was already working for the company, any benefit or change in job status. The Socko decision spurred a great deal of commentary in the employment law world when the three-judge panel held that the Uniform Written Obligations Act (UWOA) does not operate in the case of noncompetes.

The Superior Court’s decision was the first by an appellate court addressing the question, but there have been a number of decisions from the courts of common pleas and federal district courts, with conflicting results. Now, the Supreme Court will tackle the conflict. Oral argument is scheduled for May 6, however, that deadline may be pushed back in light of some recent amicus curiae applications. On March 20, the Supreme Court granted the amicus request of a Pittsburgh lawyer, Richard Matesic. Matesic filed an amicus brief alleging that he represents individuals in employment and consumer protection-related litigation and that he maintains a “scholarly interest in the issues presented by this appeal.”

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