Legal Question in Employment Law in Washington
Non Compete
I was hired by my current Co. in May of 1997 and in Feb. 1998 signed a non compete agreement in which I agreed for a perior of 3 years and within a 20 mile radius (approx) to no solicit clients or accept business from clients who have done work with the co. within the past 12 months. When I signed the agreement no other/additional consideration was given. No I have started my own business (Real estate appraisal) and my prior Co. has faxed this agreement to clients who are now afraid to do any business with me.
Do you feel the non-compete agreement I signed is enforceable?
2 Answers from Attorneys
Re: Non Compete
You don't provide enough information for an informed response.
For example, when did you leave the company? Does it say within 12 months of leaving?
If you want to contact me privately, that would be fine, but I'll be out of the office on Nov 20th.
Re: Non Compete
Dear Sir/Madam:
Based on the facts presented, you signed the agreement in February 1998. Today is 2007. That is approximately over 9 years. The non-competition clause to which you refer consisted of a 3-year agreement. It is evident that the 3 years have expired. However, it may be recommended that you contact an attorney to discuss the details of the contract for further legal review.
In addition, depending on the facts that hinge around the actions of your prior "Co." (ie. faxing the previous agreement to clients), such activity may give rise to legal action, depending on further facts, if any.
However, again, it is suggested that you review your case with an attorney regarding this matter.
Thank you.
Respectfully.