I was recently let go by my company, . They said I signed a non compete and cannot work in the industry for 1 year

Asked almost 2 years ago - Snoqualmie, WA

I was their #1 salesperson, and they choose to let me go with no notice, never been written up for anything, and they only offered me a 5 day severance. I refused the severance and did not sign anything upon being terminatd. What are my options? I have lots of job offers, some from competitors(direct) some from others that may be considered a competitor but more of a partner or a value add to my former company

Attorney answers (3)

  1. Howard Eugene Bundy

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . You need to gather up every document you signed in connection with your employment and take them to an experienced attorney immediately. That includes any documents you signed when you accepted the employment. If you do not have a copy of some document, request it in writing from your former employer. In addition, you need to develop a detailed timeline of the month you started employment there. List every event: when you interviewed; who was present; every pre-employment meeting; when you started training; when you first went on payroll . . . every detail you can think of. Those details will help your attorney to provide you with the guidance you need. Non-compete agreements do get enforced in Washington--but in the employment context they get closely scrutinized. You need guidance. Please get it.

  2. Gavin Nathaniel Johnson

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with Mr. Bundy. Also, depending on when you signed the non-compete it may be unenforceable. A Washington Supreme Court case, Labriola v. Pollard, held that some payment or tangible consideration must be provided by the employer at the time the non-compete is required of an employee. Therefore, if you were asked to sign the non-compete after you were already employed, and you didn't receive any tangible consideration from your employer in exchange for signing the non-compete, it may be unenforceable.

    The bottom line is that you should consult with an attorney to consider your options. As Mr. Bundy noted, gather up all the documentation you have that details your relationship with your prior employer. Every detail will be important when analyzing the enforceability of the non-compete.

  3. Raphael Samuel Moore

    Contributor Level 16

    3

    Lawyers agree

    Answered . Mr. Bundy is spot on... Get professional advice. Quickly.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more

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