Jakeh Paul Culver v. 3M Company

Tacoma, Washington employment law lawyers represented the Plaintiff seeking a declaratory judgment action on a non-compete agreement.



Washington law, "[a] cause of action may not be brought regarding a noncompetition covenant signed prior to January 1, 2020, if the noncompetition covenant is not being enforced or explicitly leveraged.” 1 RCW 49.62.080(4). Washington courts have not specified what it means to "enforce[]” or "explicitly leverage[]” a non-compete agreement, but under the plain meaning of those terms, 3M did not "enforce[]” or "explicitly leverage[]” the non-compete agreement See Enforce, Black's Law Dictionary (12th ed. 2024) (defining "enforce” to mean "[t]o give force or effect to (a law, etc.); to compel obedience to”); Leverage, Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/leverage (last

visited May 28, 2025) (defining "leverage” to mean "to use for gain: exploit”).



Plaintiff reached out to 3M for relief under the Employee Agreement, and 3M requested information to provide him with relief. Under these facts, 3M's request for information did not rise to "enforc[ing]” or "explicitly leverag[ing]” the non-compete agreement. Once Plaintiff provided the requested information, 3M gave him a limited waiver to pursue the employment opportunity. 3M's waiver did not "enforce[]” or "explicitly leverage[]” the non-compete agreement.



This case was initially filed in the Pierce County Superior Court, 24-00002-05174-6, and was removed to federal court by the Defendant.

Dismissed



Affirmed