''Labriola v. Pollard Group, Inc.'', 152 Wash.2d 828 (2004), was a

case Case or CASE may refer to: Containers * Case (goods), a package of related merchandise * Cartridge case or casing, a firearm cartridge component * Bookcase, a piece of furniture used to store books * Briefcase or attaché case, a narrow box to c ...

decided by the

Supreme Court of Washington The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire ...

that invalidated a modification of an employment contract for an

at-will employee In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. fi ...

which would have added a

non-competition agreement In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition agains ...

because the modification lacked independent

consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...

. Anthony A. Labriola worked as a salesperson for the Pollard Group, a commercial print shop in Tacoma, Washington. The case serves as an example of when courts will strictly invoke the

pre-existing duty rule The pre-existing duty rule is an aspect of consideration within the law of contract. Originating in England the concept of consideration has been adopted by other jurisdictions, including the US. In essence, this rule declares that performance of a ...

in the interests of justice, in this case to protect an at-will employee.Ayres, I., and Speidel, R.E. ''Studies in Contract Law, Seventh Edition.'' Foundation Press, New York, NY: 2008, p. 81

References

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External links

Full text of the opinion from Findlaw.com
United States contract case law United States labor case law 2004 in United States case law Washington (state) state case law 2004 in Washington (state) Economy of Tacoma, Washington Printing in the United States Law articles needing an infobox