do non-compete agreements apply when fired?

[Raven Love]

What is the name of your state? Washington State

I recently worked for a company (A) as a contractor to provide services to another company (B). Company (B) has signed a non-compete agreement saying that they won't hire me for a year after my last day worked there. If I am fired by company (A) does that still apply?

I've heard that Washington is a "right to work" state and that they can't fire me and then prevent me from working elsewhere. Any truth in that?

 

[fairisfair]

you have no say in whether or not two separate entities do or do not abide by a contract that is between them. You are not a party to this non compete contract.

 

[DStaub]

What the two parties signed is not a non-compete, it is an agreement by client not to solicit or hire the contractor's employees and is very common in contracting arrangements, since its people ("human capital") are the most valuable assets of the contractor. The contractor doesn't want its clients cherry-picking their best staff. Any action would obviously need to be brought against the client, not against you.

I think what you are asking is whether the contractor can prevent the client from hiring a worker that the contractor fired. You should consult a lawyer familiar with Washington law but unless the answer is very clear (AND the company who was the client AGREES that the answer is clear), the potential employer is probably unlikely to want to risk getting embroiled in a lawsuit with its contractor unless you are so valuable that the reward is greater than the risk.