Legal Question in Business Law in Washington

non-compete

I am being hired as a web designer in WA State. It is at-will salaried empoyment.

Part of the hiring process included a noncompete clause whose terms were:

1. cannot work for competitors doing similar work.

2. length: for 5 years after end of employment.

3. geographic: all of the U.S.

Is this enforceable?

Both terms seem excessive.


Asked on 12/11/07, 9:31 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: non-compete

Both the geographic limitation and the duration of the limitation seem overbroad. I suspect that the employer would find it difficult to enforce in court. However, if the employer attempted to do so, you would still have the legal expense of defending yourself, and the employer is also likely to name any new employer in the legal action, a step that usually will scare off the new employer. In my opinion, you are more likely than not to prevail, but as you consider signing this non-compete, you may want to think about whether you want to face that fight should your employment there end by your choice or theirs. Good luck.

Read more
Answered on 12/11/07, 11:13 pm


Related Questions & Answers

More Business Law questions and answers in Washington