Pennsylvania Enforceability
Pennsylvania Non-Compete Agreement
Pennsylvania enforces non-competes only if there's genuine consideration behind them — and a job offer alone only counts as consideration when the agreement is signed at hiring, not afterward.
Is a non-compete enforceable in Pennsylvania?
Pennsylvania doesn't have a non-compete statute the way Illinois or Florida do — its rules come from case law, and the consideration requirement is where a lot of Pennsylvania non-competes actually fail.
Timing matters enormously here: if the non-compete is presented as part of a new job offer, the job itself is enough consideration. But if an employer hands an existing employee a non-compete after they're already working there, continued employment alone doesn't count — the employer has to offer something new, like a raise, bonus, or promotion.
Beyond consideration, Pennsylvania courts also require the restriction to be reasonable in time and scope, and tied to a legitimate employment relationship or transaction — but the consideration issue is often the first thing that determines whether the agreement survives at all.
Reference: Pennsylvania common law consideration and reasonableness standard. This is general educational information, not legal advice — confirm current Pennsylvania requirements before relying on a non-compete agreement.
What Pennsylvania requires for enforceability
- Must be ancillary to an employment relationship or another legitimate business transaction.
- Must be supported by adequate consideration — a new job offer is sufficient consideration if signed at the start of employment.
- If signed after the employee is already working, continued employment alone is generally NOT enough consideration — the employer must give something new (a raise, bonus, promotion, or similar benefit).
- Restrictions must be reasonable in time and scope.
Recent changes to watch in Pennsylvania
No recent statutory overhaul, but Pennsylvania courts continue to closely scrutinize the consideration requirement — an agreement signed mid-employment with no new benefit offered in exchange remains one of the most common ways non-competes get thrown out entirely in Pennsylvania.
How to create your Pennsylvania non-compete agreement
- 1. Open the iRunDocs non-compete generator with Pennsylvania pre-selected as the governing state.
- 2. Enter employer, employee, restriction period, geographic scope, and consideration details.
- 3. Review the PDF preview, then download your document.
- 4. Have both parties sign — and if you're unsure whether your specific terms will hold up in Pennsylvania, have an employment attorney review it before relying on it.
Frequently asked questions
Do Pennsylvania non-competes need consideration?
Yes. If signed at the start of employment, the job offer itself is sufficient consideration. If signed after the employee is already working there, continued employment alone is generally not enough — the employer must provide something new.
Can my Pennsylvania employer make me sign a non-compete mid-employment?
They can ask, but if they don't offer new consideration (a raise, bonus, or promotion) beyond your existing job, a court can void the entire agreement regardless of how reasonable its terms look.
Is there a maximum duration for a Pennsylvania non-compete?
There's no fixed statutory cap — Pennsylvania courts evaluate reasonableness of duration and scope case by case, alongside whether adequate consideration was given.
Non-compete enforceability in other states
iRunDocs provides document tools and educational information. It is not a law firm and does not provide legal advice.