ANTHONY A. LABRIOLA, Appellant, v. POLLARD GROUP, INC., Respondent., 152 Wn.2d 828

Summary

In this case, the court determined whether there was consideration for the formation of a valid noncompete agreement signed by an employee, five years after he was hired, when the employer offered no other additional benefits or promises to the employee. The court held that a noncompete agreement entered into after employment commenced was validly formed only when there was independent consideration at the time the agreement was reached. Here, there was no independent consideration at the time of the noncompete agreement; in other words, a contract was not formed. The trial court did not err when it dismissed the employer's affirmative defenses and counterclaims. As the prevailing party in this action, the employee was entitled to an award of attorneys fees under Wash. Rev. Code § 4.84.330. The employee's request for the court to conduct a sanctions hearing against the employer for violating Wash. Super. Ct. Civ. R. 11 was premature.