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?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters