Enforcing Noncompetition Agreements against Fired Employees

A noncompetition agreement may not be enforceable against an employee who is terminated for poor performance. Under a court ruling, an employer who fires and employee for failing to perform deems the employee “worthless” and the noncompete is no longer necessary to protect the employer’s business interests. Insulation Corporation of America v. Brobston, 446 Pa.Super 520, 667 A.2d 729 (1995).