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Washington Employment Contract

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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.

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Curt B. on ContractsCounsel
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5.0 (3)
Member Since:
March 25, 2023

Curt B.

Managing Partner
Free Consultation
Los Angeles, California
10 Yrs Experience
Licensed in CA, DC, FL, IL, MI
UCLA School of Law

Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.

Merry A. on ContractsCounsel
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5.0 (9)
Member Since:
July 26, 2023

Merry A.

Attorney
Free Consultation
Lakebay, WA
38 Yrs Experience
Licensed in WA
Seattle University School of Law (formerly UPS School of Law) Juris Doctorate

Merry Kogut is a licensed attorney based in Washington State who has been a legal expert on JustAnswer since 2008 specializing in employment law, consumer protection and discrimination issues. She has been an attorney handling WA State phone consultations for Arag Legal Insurance since April, 2023. She has also been an attorney in private practice since 1986, and was in-house legal counsel for multiple WA State government agencies. She brings nearly 50 years combined legal and professional writing experience. Earlier in her career, Merry served as a law clerk for the Washington State Court of Appeals, and as a discrimination specialist, investigator and legislative liaison. She also helped establish the “Legal Writing Institute,” a national association of legal writing instructors and administrators. Merry earned her law degree from the Seattle University (formerly University of Puget Sound) School of Law.

Janice K. on ContractsCounsel
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August 30, 2023

Janice K.

Counselor
Free Consultation
Washington
22 Yrs Experience
Licensed in CA, WA
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.

Joon H. on ContractsCounsel
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4.9 (5)
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June 28, 2023

Joon H.

Managing Attorney
Free Consultation
Washington State
3 Yrs Experience
Licensed in WA
University of California, Berkeley, School of Law

I work with private tech companies on entity formation, corporate governance, and commercial agreements. I was an in-house counsel for a unicorn fintech startup and am currently associated with a startup boutique while operating my solo practice. I received my JD from Berkeley Law, and served in the US Navy for 5 years as a combat linguist. I am fluent in Korean.

Eleanor W. on ContractsCounsel
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Member Since:
July 3, 2023

Eleanor W.

Attorney
Free Consultation
Bellevue, WA
12 Yrs Experience
Licensed in WA
Seattle University School of Law

I have been working as a document review attorney since 2011. I have also done some business and estate planning work. I am fluent in English, Chinese, French, and Japanese.

Diamond R. on ContractsCounsel
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July 30, 2023

Diamond R.

Attorney
Free Consultation
Houston, Texas
1 Yr Experience
Licensed in DC, NY, WA
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

Daniel W. on ContractsCounsel
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Member Since:
July 31, 2023

Daniel W.

Principal Attorney
Free Consultation
Gallup, New Mexico
14 Yrs Experience
Licensed in ID, NM, WA
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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Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

What's termination notice in an employment contract?

I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.

Ryan D.

Answered May 30, 2023

A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.

Read 1 attorney answer>

Employment

Employment Contract

California

Asked on Oct 4, 2022

What is fixed term employment contract?

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?

Christopher M.

Answered Oct 7, 2022

Generally a fix term employment contract differs from a genera employment contract in that it has an end date. For example, at-will contracts continue until you are fired or quit, while a fixed term contract only continues until the term expires. The main points to look at would be what they are classifying you as (employee vs contractor), the length of the term (so you know when the contract is up), and how to renew the contract or if there is an automatic renewal. It would also be good to double check the contract for termination clauses, as quitting may be more complicated under a fixed term contract. Ultimately, as with all contract matters it’s probably best to reach out to an attorney to review the document to get more specific answers to your concerns.

Read 2 attorney answers>

Arbitration

Employment Contract

California

Asked on Apr 27, 2023

What's the arbitration agreement in an employment contract?

I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.

Gagandeep K.

Answered May 27, 2023

An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.

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Employment

Employment Contract

Florida

Asked on Feb 23, 2023

Do I have to provide my employees with a paycheck stub?

We find employee pay stubs laying around in the warehouse and left in company vehicles

Diane D.

Answered Mar 21, 2023

Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).

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Labor

Employment Contract

Georgia

Asked on Oct 4, 2021

I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.

Can I get more on my severance since I was let go after complaining about discrimination to my employer?

Donya G.

Answered Oct 5, 2021

That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon

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