My Employer Waived My Non Compete Then Came Back Asking To Un-do It After I Used That Info To Get A New Job. Is This Legal?

Location: Philadelphia

I asked my employer to waive my non compete so I could get a job. (Note they laid me off and I’ve been unemployed for months.) They agreed IN WRITING using the exact words “I agree to waive your non compete”.

I sent this to my new company and used it to get a job. My previous employer then came back and said actually they weren’t comfortable waiving my non compete.

My understanding is their initial writing was legally binding and they can’t come back and un-waive it. Especially since I used it to secure a job and shared with my new employer.

Is this actually true? Am I released from my non compete even though they’re trying to undo it?

For context I was a director in the top ~10 people at a company of about 40. I do have an NDA which is still in effect and any proprietary information I have is still protected under that clause. There’s nothing proprietary that I know that a junior level employee doesn’t also know.

The non compete was a condition of my hire. It says for two year after leaving the company (regardless of the reason) I cannot work for a competitor who competes within 15 miles of my previous employers clients. In my industry all competitors sell to the same clients and have offices all over the country. There’s a minimal chance that any competitor doesn’t overlap this geographic location, but I don’t have proof of it. (It would take hours of work to cross check addresses).

EDIT: Thank you everyone you have all been so helpful!!! It sounds like the written confirmation of the waiver is legally binding and would be really hard for them to fight. Given the restrictiveness of the non-comp and that I was laid off, it is likely not enforceable anyway and I have a very solid case here.

I will wait to hear a final verdict from my employer since they said they needed to consult the board. If they continue to push on revoking the waiver I’ll have a lawyer review and send them a letter which should end this for good.

If anyone is an employment lawyer in PA who is willing to work pro bono or low cost let me know! I’d love to hire you. I’ll pay what I can esp if it helps me get a job.