Legal Question in Employment Law in Washington

Non-competition Agreement / Independent Contractors

One week ago I started a job making silk/fabric fashion accessories. I signed a non-competition agreement stating that I would not compete directly or indirectly in the designing or manufacturing of silk/fabric fashion accessories for five years after termination of the relationship. Also, the contract stated that I was an independent contractor but that no one else would be allowed to do the work that I was given. A week later I did not complete the work that I was given and I was ''let go''. I worked for about eleven hours at home and will probably only be paid about $40, but I have not been paid yet as I still have some of the equipment that was loaned to me to do the work. I also did not learn any real trade secrets unless using a glue gun is considered a trade secret. If I want to start my own company making fashion accessories, well, I will probably be sued, but will the suit hold up? Do I need to sue first to get out of the non-competition agreement?

Thank you for any help and advice.


Asked on 1/19/04, 7:34 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Non-competition Agreement / Independent Contractors

Non-compete agreements are enforceable in Washington State. However, they must be reasonable in time and scope. For example, a non-compete that requires you not to work for the next 10 years within 50 miles of the company is likely not enforceable. But, a non-compete that says you cannot work in the same industry for two years and within 5 miles of the company is likely enforceable.

Further, you may be subject to liabily for the unse of trade secrets if you use the same methods that your former employer used.

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Answered on 1/20/04, 10:26 am


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