Legal Question in Business Law in Maryland

I have two employees that work part-time for me at my independently owned pharmacy located in Maryland. They are both employed as full time pharmacists at a super market chain located in MD and PA. They both only work in the MD based stores. Their home store is located about 10 miles from my pharmacy. Recently their new pharmacy director has issued a statement that they will be fired on the spot if any employee is working for a competitor. The new director has already fired 3 people on the spot in PA when he walked into a competitor and found them working at a competitor pharmacy. According to them they have not signed a non-compete. However, they had to sign that they have received a copy of the "employee handbook" which states they may not work directly or indirectly work for a competitor. Is this legal?


Asked on 10/24/11, 6:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Virtually all employment is "at will", meaning the employer can terminate an employee for almost any reason. Obvious exceptions are equal employment opportunity or age discrimination violations. It is fairly common for employers to enforce these kinds of clauses, even though it would seem unnecessary unless the employee is using his/her skills derived from the main job to enable the "competing" employer to gain a competitive advantage.

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Answered on 10/25/11, 9:18 am


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