Legal Question in Business Law in Washington

non-compete

I worked for a reseller of IT equipment (Zones Inc.) from 2005 to 2007. Zones had me sign a non-compete agreement. The agreement implies that in exchange for employment, I cannot even work for another IT company, let alone doing any business with clients I have contacted while at Zones. I believe ZONES breached the contract by not paying me in full, lying to me, asking me to lie to my customers, discriminating, and making my work environment hostile. This is not a viable way of providing employment--which is their obligation to the contract. Additionally, the terms of the agreement were not fair, but unreasonable. I can't even make a living according to the terms.


Asked on 6/06/07, 4:52 pm

2 Answers from Attorneys

Johm Smith tom's

Re: non-compete

You'll need an attorney to review your contract and the facts to determine your options. Feel free to contact our member firm in WA at nancegroup com

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Answered on 6/06/07, 5:41 pm
Susan Beecher Susan L. Beecher, Atty at Law

Re: non-compete

Much depends on the specifics of the contract. Courts look closely at non-compete agreements to see whether the restrictions are unreasonably severe. In your case, much would depend on how long you are restricted from competing, and in what geographic area. Courts tend to be very strict about non-competes, as it is against public policy to prevent people from earning a living, and to prevent the public from having access to the workers' skills. The details are important, so an attorney would need to know specifically what your contract says before he or she could determine whether you can get out from under it.

You might be able to argue breach of contract for non-payment, but again, much depends on how the contract reads. You might also have a separate cause of action for non-payment of wages or commissions.

As to the issues of lying to you or asking you to lie to the customers, I would need to know more details before I could determine whether there is any traction there, but the chances are against it.

As to the discrimination and the hostile work environment, you may have a cause of action there if and only if the discrimination and hostile work environment was the result of your membership in a protected class. These things are unpleasant and frankly, bad business, but they are not illegal unless they are for an illegal reason.

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Answered on 6/06/07, 7:29 pm


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