Non-Compete Clause Invalid

 

Supreme Court
Supreme Court

http://www.pacourts.us/assets/opinions/Supreme/out/J-40-2015mo%20-%201024417455714166.pdf?cb=1

Non-Compete Clause: not always what is seems

The Pennsylvania Supreme Court once again showed its disfavor of Non-Compete clauses in the workplace.  The Non-Compete line of cases is lengthy in Pennsylvania and the courts have consistently held the employer to a very strict burden.  

This case demonstrates that the language of the Uniform Written Obligations Act does not supersede the requirements of a Non-Compete Clause. bigo live apk Simply placing the “magic language” of being legally bound into an Non-Compete agreement will not suffice as consideration.

“In this appeal by allowance, we consider an issue of first impression: whether the enforcement of an employment agreement containing a restrictive covenant not to compete, entered into after the commencement of employment, may be challenged by an employee for a lack of consideration, where the agreement, by its express terms, states that the parties “intend to be legally bound,” which language implicates the insulating effect of the Uniform Written Obligations Act (“UWOA”).  In light of our Commonwealth’s long history of disfavoring restrictive covenants, and the mandate that covenants not to compete entered into after the commencement of employment must be accompanied by new and valuable consideration — a benefit or change in employment status — we conclude an employee is not precluded from challenging such an agreement executed pursuant to the UWOA. Thus, we affirm the order of the Superior Court.”

Ex-Coraopolis police chief pleads guilty in crash that seriously injured him, other driver

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By Jonathan D. Silver / Pittsburgh Post-Gazette

Former Coraopolis police chief Alan DeRusso, who pleaded guilty Friday to charges stemming from a crash he caused last year that seriously injured another driver, has no memory of the incident, his attorney said.

“This is the main reason why he decided to plead guilty,” lawyer Steven C. Townsend said. “Due to the severity of the accident, he basically lost memory from two weeks prior to the accident to a week after. He doesn’t remember anything.”

Mr. DeRusso, 56, pleaded guilty to three misdemeanor counts of recklessly endangering another person. As part of the plea deal, the Allegheny County district attorney’s office agreed to drop one felony count of aggravated assault with a motor vehicle. Sentencing is set for Jan. 28 before Common Pleas Judge Anthony M. Mariani.

The crash occurred at 8:14 a.m. Aug. 7, 2014, at Route 51 and Thorn Run Road in Moon. Moon police said Mr. DeRusso’s unmarked police vehicle ran a red light and struck a woman’s vehicle, which had a green light as it crossed the intersection.

The driver of that vehicle, Kristy Grazier, lost her appendix and 17 inches of her intestine, had a concussion, a chipped vertebrae and had a broken skull bone.

Mr. DeRusso was charged in January. A police affidavit said the chief was driving 80 mph three seconds before the crash, though Mr. Townsend said the vehicle had slowed to about 50 mph by the time of impact. Investigators wrote that they found no evidence that Mr. DeRusso was responding to an emergency.

Mr. Townsend said his client does not remember where he was headed.

Mr. DeRusso, who has been on administrative leave since January and is receiving workers’ compensation, submitted a letter Thursday taking early retirement immediately.

Mr. Townsend said his client apologized in court to Ms. Grazier, a single mother with two children.

“Will I ever be able to drive through an intersection without hesitation again?” Ms. Grazier wrote in a victim-impact statement. “I’m hoping that another person will never have to go through an ordeal like this again because of someone’s irresponsibility.”

Cases moved to juvenile court for teens accused of multi-state crime spree

Rose

A hearing was held Friday for two Ohio teenagers accused of going on a multi-state crime spree in June that included a robbery in Elizabeth. 

Rose May, 15, and Triston Kindle, 16, appeared before a judge and learned that their cases will be moved to juvenile court.

“Having them transferred Lucky Patcher latest APK Downloadback to the juvenile court is significant so they can get into some kind of treatment, for rehabilitation vs. punitive consequences in criminal court,” said Steve Townsend, May’s attorney. 

The teenagers are accused of committing multiple crimes in three states: Ohio, Pennsylvania and West Virginia. Police said the spree started in Ohio, where the teens stole guns and a truck. They then made their way to Pennsylvania, where they were allegedly behind a robbery during which an officer was dragged by a vehicle at a BP gas station in Elizabeth. The duo eluded authorities for several days before surrendering in West Virginia. 

Townsend said it was bad decision making on May’s part.  “There really is no explanation. She has no explanation. She’s 15, she’s very impressionable,” he said. “What they did was unbelievable. She has no prior history with law enforcement or trouble in school, so there was no rhyme or reason why she was involved in this crime spree.”

 May has been at a juvenile detention center, and Kindle had been in the Allegheny County Jail.

When the judge asked Kindle how the jail had been, Kindle said he didn’t like it. Both teenagers are now in a juvenile detention center.  A hearing in juvenile court is scheduled Tuesday for Kindle and May.