When I was hired for a sales postion in WA, I signed a two year non-compete. I was recently laid off. Does that non-compete still hold weight?
Asked on Aug 07th, 2012 on Business Law - Washington
More details to this question:
I signed at the time of hire - no additional consideration was given. If I stay in the industry and avoid their existing clients, would that keep me out of trouble?
Under Wis. Stat. § 103.465, non-compete agreements are lawful only if the restriction is “reasonably necessary for the protection of the employer.” Among other things, this requires the employer to show a legitimate protectable interest and the reasonableness of the restriction.
You don't specify what it is, exactly, that this agreement prohibits you from doing. Presumably if you are not in the same industry, you are not "competing." If you stay in the same industry, the problem may be more subtle. You should have an attorney review the specific agreement you entered into, as well as disclose these terms to any prospective employer.
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