Legal Question in Business Law in Washington

Prior non-compete apply to sub-contractors?

I left a company in December 2002 that I had a one year non-compete agreement with. My question is, does this apply only to clients of my past company or could it be extended to companies that they were doing sub-contracting work for? Also, does this apply to clients that were active only prior to my leaving the company, or also to new client of the company during the period of one year after? The wording is:

''7.Additional Activities. I agree that during the period of my employment by the Company and for one (1) year thereafter, I will not, without the Company's express written consent, engage in any employment or business activity that conflicts with my obligations to the Company, induce any employee of the Company to leave the employ of the Company or solicit the business of any client or customer of the Company (other than on behalf of the Company).''

Thank you for any help.


Asked on 7/01/03, 3:46 pm

1 Answer from Attorneys
Tom Turnbull tomturnbull.com

Re: Prior non-compete apply to sub-contractors?

You would really need to sit down with a lawyer and describe the whole situation, etc. That being said, courts typically construe non-compete agreements very narrowly. I would be very surprised to see a court apply the provision cited from your agreement to clients acquired by your old employer after you left.

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Answered on 7/01/03, 6:24 pm


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