Washington Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Washington)
- Avg cost to review a Non-Compete Agreement: $300.00
- Lawyers available: 27 Washington employment lawyers
- Clients helped: 10 recent noncompete agreement projects in Washington
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Is a Non-Compete Agreement Enforceable in Washington?
Yes. In Washington, employers are permitted to use non-compete agreements to protect legitimate business interests from former employees. A non-compete agreement is a restrictive contract that prevents employees from directly competing against or using confidential business information against former employees.
To ensure that the rights of employees are protected when entering non-compete agreements, Washington has enacted several laws that limit and regulate non-compete agreements. To be enforceable, a non-compete agreement must adhere to the following conditions:
- Time of signing. Non-compete agreements must be signed at the time the employee accepts the job offer.
- Acceptance after employment. If the agreement is presented to an employee after employment, there needs to be additional consideration to support the agreement.
- Wage restriction. To participate in a non-compete agreement, the employee must make $100,000 annually or more.
- Terminated employees. If the employee is terminated, the non-compete will only be enforced if the employer continues to pay the employee during the non-compete duration.
- Independent contractors. Non-compete agreements will only be enforced against independent contractors if the job total exceeds $250,000 per year.
- Performers. Performers like singers, comedians, and dancers, will only be restricted by non-compete agreements for up to three days.
- Attorneys. Non-compete agreements cannot be enforced against attorneys.
In addition to these restrictions, to be enforceable, a non-compete agreement must be reasonable in the eyes of the court.
What is the “Three-Factor Test” for Non-Competes in Washington?
The “three-factor test” is used by courts in Washington to determine whether or not a non-compete agreement is reasonable. The three factors that courts consider are:
- Is the non-compete agreement necessary to protect the employer’s business?
- Does the non-compete impose undue hardship on the employee?
- Is the non-compete agreement injure the public by restricting necessary goods and services?
If the agreement cannot pass this test, it is likely that the court will rule the contract unenforceable.
How Long Does a Washington Non-Compete Agreement Last?
Under Washington statute, a non-compete agreement cannot exceed a term of 18 months. In certain circumstances, courts will allow a duration of more than 18 months only if the employer can present clear and convincing evidence that a term of more than 18 months is necessary to protect the employer’s business interests.
How Do You Get Around a Non-Compete Agreement in Washington?
In Washington State, non-compete agreements are generally disfavored by courts so there are a few ways to potentially get around these restrictive covenants.
- Employees can challenge the validity of the non-compete agreement if the terms are overly restrictive or impose undue hardship on the employee.
- Employees can attempt to negotiate with the employer if the non-compete agreement is overly restrictive to have it modified or narrowed.
- Some non-compete agreements contain loopholes or exceptions that can be exploited by the employee. For example, the agreement may only apply to a limited scope of job duties.
- Request that a court amends or “blue pencil” the agreement to make it reasonable. Washington courts have the power to modify overly broad or restrictive agreements to make them reasonable for the employee.
It's important to note that each non-compete agreement is unique and the enforceability of these agreements can vary depending on the specific circumstances.
What Voids a Washington Non-Compete Agreement?
Under Washington laws, the legislature has made it clear that workforce mobility is essential to economic growth within the state. Any non-compete agreement that goes against this principal may be void.
Non-compete agreements must adhere to all of the laws and regulations laid out by the state statutes. If any of these laws are violated or an employee is unfairly restricted by the contract, it will be deemed void.
Frequently Asked Questions
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Meet some of our Washington Noncompete Agreement Lawyers
Cherie M.
Dedicated attorney with contract experience in Washington, Virginia, and Kansas.
"I was very pleased with Cherie. The work was done in a timely fashion and was exactly what I needed. I intend to hire her again in the very near future."
Elizabeth J.
Libby Jamison founded E. Grace Law Firm after nearly two decades practicing law across federal agencies, private firms, and nonprofit organizations. She has advised at the highest levels of government and built a career defined by tackling complex, high-stakes legal and policy challenges. Her practice focuses on business, employment, veteran, and family law matters, drawing on her wide scope of experience including nearly seven years as counsel at the Department of Veterans Affairs. Her legal experience spans federal agency counsel, firm ownership, and nonprofit work. She is licensed to practice in California and Washington and was admitted to the U.S. Supreme Court. Beyond legal practice, she has led as a nonprofit president, chaired a U.S. Chamber of Commerce economic empowerment zone, and served on an American Bar Association Standing Committee on Legal Assistance for Military Personnel. Her work has been recognized by: Mighty 25 Awardee (2023) Changemaker of the Year, Military.com (2019) Bush Institute Stand-To Veteran Leadership Scholar (2019)
"Libby was very professional and timely. Appreciate all the assistance she provided"
September 4, 2024
Jonathan W.
Jonathan Wright offers 30+ years of legal and business expertise to clients seeking a trusted advisor. His experience as a CEO and General Counsel for tech, healthcare, and biotech companies enables him to provide seasoned guidance on complex contracts, strategic agreements, and business transactions. Whether you're starting a company, navigating financings, or handling day-to-day corporate legal needs, Jonathan offers valuable insights and support.
April 22, 2025
Tyler J.
I am an attorney licensed in California and Washington State with 4 years of experience. I spent three (3) years at a national law firm in the litigation practice section in the Los Angeles and Orange County offices. My experience also includes my current position of general counsel for a credit card processing company in Washington. I have been in this role for just over one (1) year. My expertise includes commercial litigation, securities litigation, FINRA arbitration, employment law, and general corporate law matters.
Cory B.
Over 10 years as a practicing attorney. Experience in both transactional and litigation matters, with a strong focus on commercial and residential real estate, contract law, business law, estate planning, and probate. Proven success in managing complex legal matters such as title disputes, real estate transactions, business and property acquisitions and sales, due diligence, property management, commercial leasing, evictions, probate disputes, and estate planning. Known for exceptional written and verbal communication, sound judgment, and the ability to guide clients through intricate and high-pressure situations. Ability to analyze and resolve issues efficiently and effectively with a strong focus on client relations and efficient resolution of legal matters.
October 8, 2025
Katherine B.
Attorney and former in-house counsel with 15+ years of leadership and project management experience in corporate & business law, risk management, compliance, strategy, and regulatory oversight in the private and federal sectors. Primary areas of practice are corporate governance & business law, compliance & financial services regulation, transformation & change management, regulatory response & remediations, consumer regulation & employment law, and conduct / ethics & investigations at regional, large and complex corporations. My experience includes banking, payment & ecommerce regulations, trade & product law, consumer regulations, employment & labor law, contracts and privacy laws. I have extensive experience advising firms on consumer protection and regulatory law, and I have specialized experience with firms engaging in large-scale transformations and remediations. I am admitted to the Washington State Bar Association and licensed to practice law, I am a Federal Reserve System commissioned Examiner, and I am a Certified Regulatory Compliance Manager (CRCM). At Phoenix Law PLLC, I advise individual clients and provide legal and regulatory guidance, corporate counsel services, as well as strategic consulting services to businesses. I leverage my unique experience and skillset to provide innovative solutions and achieve favorable results, with the goal of empowering clients to move successfully forward. www.phoenixlawpllc.com kbrandt@phoenixlawpllc.com
Neil R.
Neil Rust is a transactional attorney with almost four decades of experience ranging across a broad range of fields, including M&A, finance, structured finance, VC and general corporate. Before moving to Oregon, Mr. Rust was a partner at the Los Angeles office of an international law for 26 years and the Century City office of a national law firm for 5 years. During his big firm tenure, Neil Rust gathered experience across multiple industries and enjoys counselling clients as much as drafting and negotiating.
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Browse Lawyers NowLawyer Reviews for Washington Noncompete Agreement Projects
Review of Non-Compete Agreement and Severance in Georgia
"Great to work with and very thorough in his review! Thank you!!"
Reply From Allen L.
Thank you so much — this was a meaningful engagement and I am glad the review gave you what you needed. Non-compete and severance matters in Georgia involve some nuances that can really affect your position, and I wanted to make sure you walked away with a thorough picture. Please come back anytime. -Allen
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"Prompt and thorough review with real world advice. Thank you."
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"Very responsive and helpful in letting me know my rights and made excellent suggestions."
Employment
Noncompete Agreement
New York
Noncompete agreement and industry restrictions?
I recently signed a Noncompete Agreement with my current employer. I am looking to explore other opportunities in my industry and want to know what restrictions my noncompete agreement might have on me. I am interested in understanding the limitations of the agreement and if there are any potential implications of taking a job in the same industry.
Danielle G.
In order to ascertain the limitations and implications, you would need to review the specific language of the agreement. If the non-compete is very broad, it's possible it would not be enforceable. In New York, for a non-compete agreement to be enforceable, it must be for a reasonable period of time and limited geographic scope. It also must protect the employer's legitimate interest. For example, the restrictions must protect confidential information or specialized skills you gained while on the job, or some other legitimate interest. If the agreement goes beyond those limitations, a court could find the non-complete to be unreasonable and unenforceable, in whole or in part. As to what restrictions your specific non-compete imposes (and the reasonableness of those restrictions), you would need to look at the specific language in the agreement. If you are unsure about the limitations, you should seek advice of counsel to help decipher the extent it would apply to your industry in general, and the likelihood it would be enforceable in court.
Business Contracts
Noncompete Agreement
Florida
Noncompete agreement for consultants?
I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.
Venus C.
Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
Employment
Noncompete Agreement
New York
Noncompete agreement breach consequences?
I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.
Gregory F.
I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.
Contracts
Noncompete Agreement
Florida
Noncompete agreement and severance packages?
I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.
Diane D.
To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.
Employment
Noncompete Agreement
Missouri
Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?
I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?
Matthew S.
No, this at worst is a civil matter and not a criminal matter. F
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