While many employers continue to include restrictive covenants in their employment contracts, courts in Pennsylvania and those applying Pennsylvania law continue to be reluctant to enforce such covenants without a clear showing that the precise terms of the contract have been breached and without a clear showing of harm to the employer. This was most recently applied by the U.S. District Court for the Eastern District of Pennsylvania in its May 31 opinion in Colorcon v. Lewis .
NonCompetition Signed at Beginning of Employment
According to the opinion, Aminah-Iman Lewis worked from 2003 to July 2010 for Colorcon, which makes colorants and coatings for the food and pharmaceutical industries. During this time, Lewis worked exclusively in the food side of Colorcon’s business in a variety of technical and sales positions. She was terminated for poor performance after rising to a managerial position in sales to the food industry.
