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KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1451
Experience:  Attorney at law Office of KJLLAW
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I wrote up a contract with a independent contractor for the

Customer Question

I wrote up a contract with a independent contractor for the work she is doing for me. She contacts other companies that will further my business. In the contract, I state that she can not leave and then continue that relationship. Is this legal in the State of Washington? How much would you charge to review my contract and let me know if it is something that would hold up in court
JA: Because employment law varies from place to place, can you tell me what state this is in? It's only $5.
Customer: Washington
JA: Has anything been filed or reported?
Customer: No, she is doing the job now and everything is going fine, but I am looking out for the future.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Legal
Expert:  KJL LAW replied 10 months ago.
Good afternoon.
Customer: replied 10 months ago.
I thought you would provide an answer, I do not see one.
Customer: replied 10 months ago.
This looks like a scam, are you going to give me an answer or not?
Expert:  KJL LAW replied 10 months ago.
The system is a bit slow and I need some more time to answer your question.
Customer: replied 10 months ago.
Okay, it just said you had an answer. But it just says good afternoon
Expert:  KJL LAW replied 10 months ago.
I need a few more minutes to properly answer your question.
Expert:  KJL LAW replied 10 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

There is no definitive rule that an independent contractor can never be subject to a non-compete agreement.

That aside, non-compete agreements are not viewed favorably in the State of Washington, but they are enforceable. The courts always ask if the restraint is reasonable and what is the independent contractor giving up.

Washington courts will analyze a non compete as follows: (1) Whether the restraint on the employee is necessary for the protection of a legitimate business interest; (2) whether the restraint imposed upon the employee is any greater than reasonably necessary to secure that business interest; and (3) whether the degree of injury to the public at losing you as an employee is so great as to warrant a refusal to enforce the non compete.

These independent contactor agreement are contracts, and under the law there must be consideration to support the contract. Consideration can simply be employment.

Geographical and time restraints are very closely scrutinized in independent contractor agreements. In Washington it has been held that a 2 year restriction is generally too broad. Stealing clients is always viewed as a reasonable reason to enforce a non-compete, as long as it follows the three point analysis above.

You should have an attorney licensed in Washington to review the contract, but you could make an analysis based upon the above answer. I could not review it for you at this time.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.