pyrenite said:
I am in Seattle WA. I worked for a company for 2yrs. They have now been sold to a larger company, who now want me to sign a NON-Competition Agreement,that would last 2yrs or 75 miles from any branch. Do these's agreements hold up in court? What if I was in a auto accident that would cause my termination, does the agreement still apply? Are there any ways around this agreement?
My response:
While courts do, in fact, uphold these types of agreements, they are disfavored in the law as being restrictive on a person's right to work. The courts only find in favor of such contracts when they are not overly restrictive - and 75 mile radius is WAY, WAY, OVERBOARD. Also, courts enforce proper non-compete agreements only insofar as using company secrets or client lists are concerned.
Also, they must give you some sort of "valuable consideration" e.g., money that is separate from your normal paycheck, in order for the agreement to even begin to be valid or enforceable. If they don't, it's unenforceable.
DO NOT TELL THEM of the above. If they didn't have an attorney write the agreement, and they are the ones who wrote it with the 75 miles, and they don't pay you extra for your signature, then you'll have at least two good arguments for the voidability of such a restrictive agreement. Never tip your hand or "telegraph" your knowledge, strategy and intent.
IAAL
