Legal Question in Business Law in Washington

Re: Non-compete

There are a couple of things to look at.

First, the non-compete may not be valid if your wife did not receive any compensation of any sort for signing. Normally, each party must receive something for the contract to be valid. If she was just starting her job, the new job itself could be compensation. If she had already been there for a while, the court might find the contract invalid unless she received something in return. (This could be a small bonus, an extra day of paid vacation, or some other benefit.)

Second, the non-compete may not be valid if it is overly broad. The employer has to have an interest that it is reasonably protecting. The non-compete has to be structured so that the restrictions protect that interest but do not reach beyond. A non-compete that limits her ability to work for a competitor "worldwide", for example, would reach too far.

The details always matter, so it is impossible to say whether the agreement would be valid without looking at it, but the above are two factors that would be important to look at.

Re: Non-compete

I agree with Ms. Beecher, that we need more information to know whether this particular non-compete agreement is valid or enforceable. If this really concerns you, hire an attorney for a consultation. Knowledge is power.