Too many people accept the employment agreement handed to them when they accept a job and simply sign it. Most people look only at the salary and benefits, with little consideration for other terms. Why?
Employment agreements for skilled positions are usually a 6 – 10 page document that put a myriad of restrictions on the employee. They are written for the employers' benefit, and often in a way that is extremely unfair to the employee. Non-compete agreements are usually written to include all situations, regardless of how the employment relationship ends. In Pennsylvania, the agreements are reviewed unfavorably by most courts, but if drawn up with reasonable terms they can be enforced. The higher the position, the more likely it is to be enforceable. Confidentiality provisions and protection of trade secrets (DTSA) are often used to restrict subsequent employment within an industry, interfering with an employee's career development.
There is an opportunity to negotiate terms before signing the agreement. Once you have accepted the position and remuneration, the terms are binding. Reasonable employers will agree to some modifications of terms, as long as their interests are still protected. For instance, if the employer really thinks you need to be out of the industry for a year after separation from employment, they should pay you for the expected loss of having to find a job in another industry. In the alternative, the non-compete should be waived if the employer terminates the relationship without cause.
If the employer is not willing to discuss reasonable terms of employment, a person should be very certain of what they are getting themselves into. Especially, if there is a new client or skill set being introduced by the employee to this new employer. These agreements can be used to poach clients and remove talent from competitors. Employees should know what they bring to the table and make sure the new employer can't take it from them.

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