non-compete :(

[blurry]

I am interested in receiving some guidance in relation to a non-compete agreement I felt coerced into signing from my employer here in Seattle, Washington. I accepted a sales position five years ago with this company, and at the time I accepted the position I lived in Los Angeles, California. Not ever hearing of any requirement to sign a non-compete agreement, I quit my previous job, packed up all my belongings, and moved to Washington State to start my new job. On my second day of employment, a non-compete agreement was presented to me as a 'required' condition of my employment. Having left everything I knew behind, and moving my entire life up to Washington, I signed it feeling that I really had no alternative. The agreement is pretty standard, but hinders me from calling on the 'company' accounts that 'I' have cultivated for a period of two-years! In addition, the agreement also has 'no' geographical boundaries defined.

Needless to say, the company atmosphere is not what I wanted and I desperately want to move on, but feel that I've been trapped into this job and have no way of utilizing the relationships that I've developed over the last five years. Do I have to throw that all away to get out from under this? Do I really have to start 'all' over? Thank you for your help.

Rich

 

[Michael Wechsler]

It is almost standard that companies provide noncompete agreements that cannot be enforced nearly to the degree stated. Much depends upon the level to which the company's trade secrets or nonpublic and sensitive information was accessible to you. Additionally, there is no reason you couldn't call on your accounts for other purposes that would not compete with your prior employer. It is illegal to resrict the right for a person to ply their skills without reason.

My advice to you is not to worry at this point. There is little that they can do to you that would be considered unreasonable and much of it is not enforceable. I'm quite confident that your agreement probably has a clause in it that if the scope is deemed unenforceable by a court then it should be enforced to the level to which it would be deemed lawful. The reason why it is in there is because the company knows it is far too restrictive. Still... I understand why you don't feel good about it. But don't worry too much and excel at your position... they can't prevent you from working unreasonably and the burden is on the company to indicate why you should be restrained from trade.

Originally posted by blurry


I am interested in receiving some guidance in relation to a non-compete agreement I felt coerced into signing from my employer here in Seattle, Washington. I accepted a sales position five years ago with this company, and at the time I accepted the position I lived in Los Angeles, California. Not ever hearing of any requirement to sign a non-compete agreement, I quit my previous job, packed up all my belongings, and moved to Washington State to start my new job. On my second day of employment, a non-compete agreement was presented to me as a 'required' condition of my employment. Having left everything I knew behind, and moving my entire life up to Washington, I signed it feeling that I really had no alternative. The agreement is pretty standard, but hinders me from calling on the 'company' accounts that 'I' have cultivated for a period of two-years! In addition, the agreement also has 'no' geographical boundaries defined.

Needless to say, the company atmosphere is not what I wanted and I desperately want to move on, but feel that I've been trapped into this job and have no way of utilizing the relationships that I've developed over the last five years. Do I have to throw that all away to get out from under this? Do I really have to start 'all' over? Thank you for your help.

Rich