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
- Avg lawyer rating: 5.0 (2 reviews)
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
See Noncompete Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Non-Compete Agreement Projects
California Review non-compete and proprietary invention agreement Review
- California
- 7 lawyer bids
- $495 - $1,500
California Employment non compete question session Drafting
- California
- 6 lawyer bids
- $249 - $500
Nevada I have two non competes that needs review, one on rollover shares and as a retired officer Review
- Nevada
- 3 lawyer bids
- $400 - $500
California Review non-compete clauses for Blockchain Startup Offer Letter Review
- California
- 6 lawyer bids
- $150 - $400
See all Non-Compete Agreement projects in Washington
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.
Need help with a Noncompete Agreement?
Meet some of our Washington Noncompete Agreement Lawyers
Rosario A.
I'm a Washington-licensed lawyer specializing in trademark practice and with an extensive trademark education and academic background. I currently work with domestic and international businesses seeking trademark protection in the U.S. by conducting trademark searches, providing legal advice, submitting USPTO applications, and preparing responses to office actions. I'm passionate about trademark law and always looking forward to helping small and medium businesses promote their value by having a registered federal trademark. If you have questions or concerns about trademark/copyright/IP licensing and require legal advice, feel free to contact me and we can have a first chat.
"Provided what I asked for along with the revisions I needed. Was responsive and attentive to the needs of the project."
Justin A.
I am a lawyer who helps small businesses, nonprofits, and startups with a wide variety of agreements, corporate formation, and corporate governance. I earned my BA from Tulane University and my JD from the University of Chicago Law School. Before starting my own practice, I worked at an international law firm in New York City. Outside of work, I am on the board of the nonprofit Seattle REconomy (which runs the NE Seattle and Shoreline tool libraries) and I enjoy gardening, baking bread, and outdoor activities with my spouse and two dogs.
"Justin provided excellent, expedient service and made sure my needs were met satisfactorily."
Jason P.
Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.
"Very nice! Great on responding back and being available! Recommend 100% !"
Curt B.
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.
"I was very impressed with the responsiveness and knowledge brought to my situation."
October 21, 2021
Reuben O.
As an entrepreneur at heart, I enjoy working with business owners and executives on a variety of corporate matters, including mergers and acquisitions, corporate financing, corporate governance, public and private securities offerings, privacy regulation and early-stage corporate matters including formation. As a lawyer and business professional, I understand the value of providing personal service and focused legal answers to clients navigating a rapidly changing regulatory environment. Whether in Aerospace, Consumer Goods, or Technology, I find great success in work collaboratively with clients to strategical structure their business or implementing strategic growth-oriented financing opportunities.
Amy P.
Amy has served as outside general counsel and litigator to established businesses throughout western Washington since 2010. Her passion and focus is providing the best possible representation for clients in the construction, transportation and hospitality industries.
July 3, 2023
Eleanor W.
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.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Washington Noncompete Agreement Projects
Legal Advice Needed on Non-Compete in Government Consulting Sector
"Great to work with, thorough, patient, and excellent explanation and detailed information."
Redline non-compete waiver amendment. Remove personal liability, keep LLC only
"Lori was very responsive and delivered what I needed well before the projected end date. She was open to feedback and iterating her responses for my situation all within the budget that was agreed upon. Would recommend!"
Florida LCSW – 1099 Contract, Urgent Non-Compete & Client Solicitation Review
"This was my first time working with a lawyer and it was an extremely positive experience. This matter was extremely urgent and I was able to recieve feedback nearly instantly. I would highly reccomend!"
Employer
Noncompete Agreement
Connecticut
Can a noncompete agreement be waived?
I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.
Thomas L.
Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and promotions?
I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.
Thomas L.
It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.
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.
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employee Rights
Noncompete Agreement
Georgia
How does a noncompete agreement work?
I am an employee at a small business and I have recently been asked to sign a noncompete agreement. I am not sure how these agreements work and what rights I have as an employee. I am also concerned about the restrictions that could be placed on me if I sign the agreement. I want to make sure I understand the implications of signing the agreement before I do so.
Nancy B.
In its simplest terms, a noncompete agreement in an employment context is an agreement that says you will not compete with your former employer if you ever stop working for them. It typically forbids things like: + Working for a competitor + Starting a company that sells the same services/products as your employer + Recruiting employees from your current employer after you have left that employment. One thought is that this could be requested shortly before letting an employee go just to protect the company from competition but I hope that is not the case here as it seems like an unfair use of the noncompete agreement ability in Georgia. The issues are usually the geographical scope (for example within 15 miles of Dalton, Georgia), the time period (one or two years is usually sufficient and courts do not favor long noncompete agreements), and the consideration (such as a new job - which is not applicable in your case, or more compensation). Regards, Nancy A. Burnett
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Noncompete Agreement?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
Washington Noncompete Agreement lawyers by city
- Bellevue Noncompete Agreement Lawyers
- Everett Noncompete Agreement Lawyers
- Kent Noncompete Agreement Lawyers
- Renton Noncompete Agreement Lawyers
- Seattle Noncompete Agreement Lawyers
- Spokane Noncompete Agreement Lawyers
- Spokane Valley Noncompete Agreement Lawyers
- Tacoma Noncompete Agreement Lawyers
- Vancouver Noncompete Agreement Lawyers
ContractsCounsel User
Employment non compete question session
Location: California
Turnaround: Less than a week
Service: Drafting
Doc Type: Non-Compete Agreement
Number of Bids: 6
Bid Range: $249 - $500
User Feedback:
ContractsCounsel User