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Can a non compete from one Microsoft Contractor stop me from working for another Microsoft contractor.I was an employee of Excel Data in Washington and signed a 180 non compete. They couldn't find me a job so I went out and found a job and was offered a postion by another firm, Aditi. Now Excel Data says I can't work for Aditi, even though Aditi is offering me more money and better benefits, because of a non compete. What I don't understand is that I will ultimately be doing work for Microsoft again. The only thing different would be the contracting company I am signed to. I don't get how they can choose to pay me less and less benefits and then tell me I can't work for someone else in the same position. Attorney answers (4)
Reputation Level 13
Answered over 2 years ago.
Credit Repair Attorney in Orlando, FL.
I am not admitted in WA. In my state, non-compete agreements are often enforced at great detriment to the employees.
An attorney who is licensed in WA will probably need many additional facts and to review the agreement. A great resource to find an experienced employment law attorney who primarily represents employees is : http://www.nela.org/NELA/ Good luck
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In great measure it depends on what you do for a living. What is your job? It is extremely important that you let an attorney review your non-compete agreement. Even in the worst-case scenario, we can probably negotiate a way out of the agreement. The biggest concerns behind non-compete agreements is that the company is afraid that you will share their trade secrets with their competitors. You can probably negotiate your way out of the agreement by entering into a different kind of agreement where you simply promise not to share with the competitor anything that you learned from the previous employer.
Feel free to give me a call if you'd like to discuss this further. Fabio Ambrosio Attorney at Law (206)801-0985 www.ambrosiolawfirm.com Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult your attorney for legal advice tailored to your individual circumstances.
Reputation Level 9
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Seattle, WA.
Noncompetes are generally enforceable in Washington as long as they are not too restrictive to the employee. Your description said "180" but didn't say if that was the number of days or what. You should have an attorney review it to see if it is likely enforceable or not as they are very fact driven. I have drafted and negotiated many noncompetes and we also have a 25+year employment attorney who has litigated many noncompetes.
In Washington non-compete agreements will be enforced if they are for a reasonable amount of time, and only effective in a reasonable geographic area. Here, 180 days is well within the range of reasonable time, and not working for Microsoft in King County (which it sounds like is what you are dealing with) is a reasonable geographic scope.
Also, having handled a similar case in the past, I can tell you that Microsoft does not like to get in the middle of disagreements over non-compete agreements with employment companies like Excel Data and Aditi, and frequently will decline to accept a contractor it becomes apparent that a non-compete agreement is at issue. MARK ROSENCRANTZ | PARTNER STANISLAW ASHBAUGH T. 206.386.5900 | F. 206.344.7400 MROSENCRANTZ@LAWASRESULTS.COM WWW.LAWASRESULTS.COM Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice addressed to your individual situation. Related Questions2 Attorney answers: 
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