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Regarding an employer employee agreement in WA, is it

Regarding an employer employee...

Regarding an employer employee agreement in WA , is it possible that a no re-hire clause in an agreement is unlawful considered a restraint of Trade? See: (1.) https://www.natlawreview.com/article/no-re-hire-clauses-may-be-unlawful-restraints-trade (2.)https://app.leg.wa.gov/rcw/default.aspx?cite=19.86.030

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Neither

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Additional reference: http://apps.leg.wa.gov/rcw/default.aspx?cite=19.86

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Answered in 5 minutes by:
11/4/2017
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for putting those articles out. Generally, no-rehire clauses are not considered an unlawful restraint of trade. In the case that you referenced under 1), the no rehire provision basically prevented the doctor from working for that company and from working for any company that they may contract with. Because doctors are limited to what they can do professionally, it is arguable that this kind of clause would prohibit this doctor from working which is against the business and professions code of CA. In reference to the statute that you mentioned, it appears as if the same kind of situation would apply if someone tried to restrain trade. Thus, my recommendation to you is this. One, remember that only a judge or a jury would be able to tell you for sure whether this is an unlawful restraint of trade by having a no rehire provision. The second thing I would recommend to you is that if the employer agreement limits the re-hire only to that company, then it won't be a restraint of trade. The only exception really would be if the company was the only one of its kind in the entire area (e.g. some engineering firm) and there were no other opportunities to work in that same industry.

What other questions did you have for me?

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Customer reply replied 8 months ago
The agreement is not limited to the company, it mentions affiliates (third parties), subsidiaries, etc., the company is ranked #5 airline in US. My trade is licensed aircraft mechanic currently working new hire at a third party affiliate of the company I am in agreement with. Any day I am expecting sources to inform me that I can't work there for obvious reasons.

Interesting. If that is the case, then I would probably make the argument that given the specialized nature of your work and the broad exclusion of your ability to work for anyone else, that this would be an unlawful restraint of trade. Considering especially that Washington is known for this kind of industry, this may make it unnecessarily impossible for you to work. These kinds of clauses are enforceable in your state; however, it's not always so clear cut. You may have to make the argument that this is a completely unlawful restraint of trade and I would have reason to believe that a judge or an arbitrator would agree with you.

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Customer reply replied 8 months ago
I currently have an age discrimination case against the company where it turns out the ADEA agreement is invalid this will put a difficult to ignore amendment twist to the matter, wouldn't you agree? Reply and I think that wraps it up, thanks for your service.

Could you help me understand why that ADEA agreement is invalid?

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Customer reply replied 8 months ago
Age Discrimination Employment Act, pardon me please.

oh I know what it means, my apologies. You had mentioned that it was invalid, but I was curious as to why that was the case.

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Customer reply replied 8 months ago
The 21 days to review the agreement tolled I signed on day 22 at the time I was unaware that it had tolled.

I see what you mean. I don't have any reason to believe that a court would deny you on that basis. Courts typically will look at the four corners of a contract, but if you are giving up a right to sue through the ADEA like that, and it was only one day past the deadline, and if the circumstances are such that you would have signed on day 21, then it is probable that you could bring suit, but you'd have to make the argument.

What other questions did you have for me?

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Customer reply replied 8 months ago
My position is I was duped into signing the noted law firm ranked #15 in the Northwest representing the company knew that I signed on day 22 but turned blind eye because they knew the potential of my case. I am currently Pro Sec and you seem to have answered my question in that I was not clear whether I could motion the court to also decide this the no rehire issue. Also I am aware that another source was asked to depart when the company purchased an airline he worked for; he signed agreement and went to work for the company that was recently purchased; I want to contact him and inquire about Joinder.

I would recommend working diligently to see if there is anyone else who can help support your case. There's strength in numbers in these situations and although I can't guarantee a judge would see things your way, there is definitely precedent that they will. Did you have any other questions for me?

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Customer reply replied 8 months ago
I am simply positioning this matter accordingly and approx 8 to 6 months before trial I will hire an expert to put the pieces together, no more questions "Words Away" thanks for you help.

The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

Legal Eagle
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Customer reply replied 8 months ago
2thumbs-up::::

Thanks so much!

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