QUESTION
Does tortious interference apply here?
Asked on Jan 27th, 2014 on Employment Contracts - Washington
More details to this question:
I have a non-compete contract at my current job (hair salon) that says I am not allowed to work within 6 miles of my current location. My friend and I want to start a new business within 6 miles, although she would be the owner of the business. I would only rent a station from her. Is it considered tortious interference for her to rent a station to me? If so, would there be any way of getting around this aside from working further away?
1 ANSWER
An employer who hires someone knowing that that person is subject to a VALID non-compete provision which bars him/her from taking the job is probably liable for tortious interference with the employee's employment contract with the prior employer. There's a good chance that, ASSUMING THE NON-COMPETE IS VALID, your friend could face liability even though she won't technically be your employer. HOWEVER, non-compete agreements are often held to be unenforceable unless they are necessary to protecf the employer's legitimate interests and narrowly tailored to be only as restrictive as necessary. I am not familiar with Washington law in this area, but my gut and experience tell me that a six mile restriction on a hair dresser (for how long?) is likely not be enforced by a Court, at least not without being "blue pencilled", i.e. narrowed to be more reasonable (e.g. 1 mile for one year after termination of employment.)
Answered on Jan 27th, 2014 at 2:30 PM