Legal Brief: Anthony Labriola v. Pollard Group
Anthony Alan Labriola v. Pollard Group, Inc., WA Supreme Court, 2004, No. 74002-0
Whether a 2002 noncompete agreement negotiated after the employee had been hired and without independent consideration is enforceable.
SUBSTANTIVE FACTS:
Five years after beginning employment as a sales person the employer required the employee sign a noncompete agreement in 2002. In exchange the employee was allowed to remain employed.
After the noncompete agreement was signed by the employee, the employer changed the commission schedule such that the employee believed his income would be cut by 25%. As a result the employee began to search for employment elsewhere.
Upon learning of the employee's job search activities the employer fired the employee and notified competitors...
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