Legal Question in Employment Law in Alaska

I am a boat tour captain for a tour company and am interested in starting my own business doing a similar thing. I signed a non-disclosure/non-competition agreement with my employer that specifies "the employee shall not, during the period of employment, and for 5 years from the date of termination of employment, become involved in any venture, in Southeast Alaska, that is similar to or competes with the operations of X" Is there any way to get out of such an agreement? Is there a way that this contract could be considered null and void (e.g., if another part of the contract has not been adhered to on the employer's part?)? What could be the repercussion of not adhering to the agreement?

Asked on 10/01/15, 3:57 pm

Terrence Thorgaard Thorgaard Law Firm

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Yes, there may be ways to get out of it.

I assume that you want to compete in the same area in Southeast Alaska?

In what way has the contract not been adhered to by the employer?

There are two ways to test this:

1) go ahead and start your own competing business, and see if your present employer does something about it; or

2) sue your present employer for a declaratory judgment that the non-competition clause is void.

If you would like further legal assistance with this issue, I would be happy discuss representing you. If so, please contact me at [email protected].

Answered on 10/02/15, 10:48 am

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