Quick Facts — Employment Contract Lawyers (Washington)

What is a Washington Employment Contract?

A Washington employment contract is a legally binding document that is executed by an employer and an employee. Employment contracts describe the specific rights and expectations of both parties throughout the employment relationship. Employment contracts are usually used when hiring high level permanent employees, but can also be used when hiring temporary employees, contractors, and consultants.

Washington, like most states, is an “at-will” employment state. This means that outside of a few exceptions, an employer and an employee can end the working relationship at any time for any reason without notice. Employees who work “at will” are at a disadvantage because they can lose their job at any time.

Once an employee signs an employment contract, they are no longer an “at will” employee. The Employment contract overrides “at will” laws and provides certain protection for the worker.

It is common for employment contracts to have clauses that describe the company’s disciplinary procedures and reasons why an employee may be terminated. Once a contract is executed, the employer is bound to terms of the contract and will need a valid reason to terminate the employee.

Are Employment Contracts Enforceable in Washington?

Yes. Certain employment contracts are enforceable in Washington. Employment contracts that cover the basic working relationship will governed by state contract laws. These agreements cover issues like:

  • Job duties
  • Job duration
  • Salary
  • Benefits
  • Time off and vacation
  • Company policy
  • Disciplinary procedures
  • Reasons for termination

Another type of employment contract is a restrictive contract called a non-compete agreement. These types of contracts are governed by separate laws and are not always enforceable in Washington.

In 2020, Washington revised their non-compete laws and added more restrictions to these agreements. Some new restrictions include:

  1. Non-competes for employees making less than $100,000 will not be enforced
  2. Non-compete agreements are valid for only 18 months after the employee leaves the company
  3. Non-compete agreements must be agreed upon before the employee accepts the job offer

These new laws are retroactive and will apply to all non-compete agreements signed in Washington, even if the agreement was signed before 2020.

What Are the Legal Requirements for Washington Employment Contracts?

The legal requirements for Washington employment contracts are governed by Washington State labor regulations. It is best practice for employment contracts to be written and signed, but oral contracts for employment that can be completed within one year is also enforceable.

Employment contracts cannot violate any laws or public policies or force employees to give up rights granted by the law. For example, in Washington, the minimum wage is set by law. An employment contract cannot require an employee to work for less than the state minimum wage.

Types of Washington Employment Contracts

There are several types of employment contracts used in Washington. The type of contract will vary based on the job and the type of employee being hired to complete the work.

Common types of employment contracts include:

  • Permanent employment. This contract is used when hiring permanent employees. This contract will turn an “at will” employee into a “contract employee”.
  • Non-disclosure agreement (NDA). A restrictive employment contract that prohibits employees from sharing confidential company information. This is often used to protect trade secrets or customer lists.
  • Non-compete agreement. A restrictive clause that limits an employee’s ability to work for a competitor of the company before and after employment.
  • Non-solicitation agreement. Prevents employees from soliciting customers or other employees after employment.
  • Independent contractor employment. Sometimes, workers that companies hire are not considered company employees but instead an independent contractor. Independent contractors are subject to different laws and rights than regular employees.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in Washington?
How much does it cost to hire a lawyer to draft an employment contract in Washington?
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Janice K. on ContractsCounsel
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Janice K.

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Washington
24 Yrs Experience
Licensed in WA CA
Empire College School of Law, Santa Rosa, CA

Twenty-plus years experience in family law, employment law, public agency law, federal, state and local contracts drafting and review, appellate practice.

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Jorge R.

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Burien, Washington
15 Yrs Experience
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Seattle University

**Bio:** My name is Jorge Ramos, and I am an experienced family law attorney practicing since 2011. Over the years, I have honed my skills and knowledge in family law, having worked with prestigious law firms before establishing my own solo practice. My expertise spans a wide range of family law matters, including divorce, child custody, spousal support, and property division. I am dedicated to providing personalized and compassionate legal representation, ensuring that my clients receive the support and guidance they need during challenging times. My commitment to excellence and client-focused approach have earned me a reputation as a trusted advocate in the field of family law.

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Diamond R.

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Houston, Texas
3 Yrs Experience
Licensed in WA DC, NY
Wayne State University

July 29, 2023 My name is Diamond Simpson Roberts, ESQ, MSPH and I am convinced that I can be a value added asset to most any company. As the first in my family to graduate a four-year university, I graduated from Wayne State University Law School in 2000 but could not afford a bar prep course upon completion. After over 20 years, I sat for the July 2022 UBE, successfully passed and am currently licensed in three states! This is an example of my self-motivation, internal drive and passion. I offer over 28 years of diverse experience in healthcare, strategy, sales/marketing, legal/policy and business savvy. I have many years building, leveraging, and sustaining long term relations to drive revenue as an entrepreneur and for corporations. My analytical strengths provide me with an innate ability to think through tough situations/topics while viewing both vantage points (which is excellent for law and life). I have been appointed to serve on numerous committees due to my heightened ability to identify client issues and priorities and provide solutions based upon relevant products, services and needs. I have led teams with and without authority; specifically, I have managed teams for an Adult Foster Care Facility called Etonne Cares, during my post-graduate fellowship with the largest Catholic Healthcare System in the U.S. and during my two-year executive order appointment with the Federal Government (Presidential Management Fellowship). Most importantly, I am a collaborative team player who knows how to improvise, overcome and adapt! I offer numerous years of being a pharmaceutical trainer and being an adjunct using the online platform. I welcome the opportunity to continue in the interview so that I may further highlight the skills I can (and will) contribute to my success in the role. Respectfully, Diamond Simpson Roberts, ESQ, MSPH DQSSIMPSON@GMAIL.COM M: 313-942-6747

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Daniel W.

Principal Attorney
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16 Yrs Experience
Licensed in WA ID, NM
Seattle University School of Law

In my thirteen years of practice, I've had the opportunity to argue cases in state, federal, and tribal courts; in subjects as diverse as gaming, land tenure, water rights, treaty rights, finance, employment, criminal defense, conflict of laws, and tort (among others). But the real value I brought my clients came through avoiding litigation, fostering relationships, and developing long-term strategies.

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Wilberforce A.

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Baltimore, Maryland
19 Yrs Experience
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Wilberforce Agyekum is an attorney with 16 years of experience practicing in areas of contracts, immigration, and criminal law. Wilberforce received a Bachelor of Science degree from Washington Adventist University, and Juris Doctorate from Seattle University School of Law.

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McCoy S.

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Portland, Oregon
35 Yrs Experience
Licensed in WA CA, NY, OR
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P. McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law firm based in Portland, Oregon, U.S.A and Opsequio LLC, an open source compliance consultancy. Prior to his current position, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a business unit intellectual property specialist; among his duties was setting up the free & open source legal function and policies for that company. He preceded his in-house experience with 8 years in private practice in a large New York City-based boutique intellectual property law firm, working simultaneously as a U.S. patent litigator and U.S. patent prosecutor. He was also a patent examiner at the U.S. Patent & Trademark Office prior to attending law school. He is licensed to practice law in Oregon, California & New York and to prosecute patent applications in the U.S. Patent & Trademark Office; he is also a registered Trademark and Patent Agent with the Canadian Intellectual Property Office. He has degrees from Colorado State University (Bachelor of Science, Mechanical Engineering, with honors), Johns Hopkins University (Masters of Liberal Arts) and the University of Virginia (Juris Doctor). While in private practice, and continuing into his in-house career, he taught portions of the U.S. patent bar exam for a long-standing and well-known patent bar exam preparation course, and from 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is the author or co-author of chapters on open source and copyright and patents in “Open Source Law, Policy & Practice” (2022, Oxford University Press). He lectures frequently around the world on free and open source issues as well as other intellectual property topics.

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Asked on Oct 4, 2022

Are employment contracts confidential?

I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Asked on Apr 19, 2023

What's probationary period in an employment contract?

I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.

Diane D.

Answered May 10, 2023

A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.

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Asked on Apr 18, 2023

What's position hierarchy in an employment contract?

I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.

N'kia N.

Answered Jun 2, 2023

Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.

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Asked on Oct 4, 2022

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I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

Michael M.

Answered Oct 7, 2022

This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term

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Asked on Apr 12, 2023

What's paid time off in an employment contract?

I am a recent college graduate and I am in the process of negotiating an employment contract with a large company. I am trying to make sure I understand the terms of the contract, including the paid time off that is offered. I am hoping to get a better understanding of what's included in the paid time off section of the contract so I can make an informed decision about the offer.

Joseph M.

Answered May 12, 2023

Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.

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