Washington Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers (Washington)

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:

  1. Is the non-compete agreement necessary to protect the employer’s business?
  2. Does the non-compete impose undue hardship on the employee?
  3. 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.

  1. Employees can challenge the validity of the non-compete agreement if the terms are overly restrictive or impose undue hardship on the employee.
  2. Employees can attempt to negotiate with the employer if the non-compete agreement is overly restrictive to have it modified or narrowed.
  3. 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.
  4. 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

How do I hire a lawyer to draft a noncompete agreement in Washington?
How much does it cost to hire a lawyer to review a noncompete agreement in Washington?

See Noncompete Agreement by State

See Real Non-Compete Agreement Projects

Florida NDA and NCA Review
  • Florida
  • 7 lawyer bids
  • $225 - $500
View Details
California Non-Compete agreement Review
  • California
  • 5 lawyer bids
  • $350 - $400
View Details
California Employment non compete question session Drafting
  • California
  • 6 lawyer bids
  • $249 - $500
View Details
California Review non-compete clauses for Blockchain Startup Offer Letter Review
  • California
  • 6 lawyer bids
  • $150 - $400
View Details
Florida Review Employment Contract Non-Compete Clause for Chiropractor Review
  • Florida
  • 4 lawyer bids
  • $150 - $399
View Details
Illinois confidentiality and non-compete agreement review Review
  • Illinois
  • 6 lawyer bids
  • $599 - $850
View Details

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?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,422 reviews

Meet some of our Washington Noncompete Agreement Lawyers

Janice K. on ContractsCounsel
View Janice
5.0 (19)
Member Since:
August 30, 2023

Janice K.

Counselor
Free Consultation
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.

Recent  ContractsCounsel Client  Review:
4.7

"Janice was friendly, kind and efficient. She always held my best interest in mind and was very respectful and helpful at all times. Thank you so much Janice!"

Jorge R. on ContractsCounsel
View Jorge
5.0 (16)
Member Since:
June 3, 2024

Jorge R.

Managing Attorney
Free Consultation
Burien, Washington
15 Yrs Experience
Licensed in WA
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.

Recent  ContractsCounsel Client  Review:
5.0

"Jorge is a very professional and efficient attorney! It was a really good experience working with Jorge!"

Diamond R. on ContractsCounsel
View Diamond
Member Since:
July 30, 2023

Diamond R.

Attorney
Free Consultation
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

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

Daniel W.

Principal Attorney
Free Consultation
Gallup, New Mexico
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.

Wilberforce A. on ContractsCounsel
View Wilberforce
Member Since:
September 22, 2023

Wilberforce A.

Supervising Attorney
Free Consultation
Baltimore, Maryland
19 Yrs Experience
Licensed in WA
Seattle University

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.

McCoy S. on ContractsCounsel
View McCoy
Member Since:
December 4, 2023

McCoy S.

Founding Attorney
Free Consultation
Portland, Oregon
35 Yrs Experience
Licensed in WA CA, NY, OR
University of Virginia

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.

Adam T. on ContractsCounsel
View Adam
Member Since:
December 7, 2023

Adam T.

Business Lawyer
Free Consultation
Seattle, Washington
14 Yrs Experience
Licensed in WA DC, NC, NY
Duke Law

Legal professional with 10+ years of Fortune 500 in-house and AmLaw 50 law firm experience in crafting multi-pronged litigation, regulatory, and public policy strategies and negotiating pioneering, high-stakes global cloud services and digital content distribution deals.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Washington Noncompete Agreement Projects

Review of Non-Compete Agreement and Severance in Georgia

5.0

"Great to work with and very thorough in his review! Thank you!!"

Georgia
Review
Non-Compete Agreement
ContractsCounsel User

confidentiality and non-compete agreement review

5.0

"Ryenne provides excellent service and highly recommended"

Illinois
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

5.0

"Helped with everything I needed and very responsive!"

New Jersey
Review
Non-Compete Agreement
ContractsCounsel User

Review Non-Solicitation Clause and Draft Preventative Letter in NYC

5.0

"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."

New York
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

5.0

"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."

Wisconsin
Review
Non-Compete Agreement
ContractsCounsel User

Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

Read 2 attorney answers>

Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

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.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

Read 1 attorney answer>

Employment

Noncompete Agreement

New York

Asked on Jun 4, 2023

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.

Answered Jul 11, 2023

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.

Read 1 attorney answer>

Business

Noncompete Agreement

Florida

Asked on Jul 12, 2023

Noncompete agreement and business partners?

I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.

Daniel D.

Answered Aug 4, 2023

The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.

Read 1 attorney answer>

Employment

Noncompete Agreement

Washington

Asked on Jul 11, 2023

Noncompete agreement termination options?

I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.

Merry K.

Answered Aug 15, 2023

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

Read 1 attorney answer>
See more legal questions…

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 Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,422 reviews
Employment lawyers by top cities
See All Washington Employment Lawyers
Washington Noncompete Agreement lawyers by city
See All Noncompete Agreement Lawyers

ContractsCounsel User

Recent Project:
Florida Non-Compete Invalidity Review & Response Letter (Client in Brazil)
Location: Florida
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 10
Number of Bids: 4
Bid Range: $240 - $750
User Feedback:
Great job!

ContractsCounsel User

Recent Project:
Overly restrictive non-compete clause at current employer
Location: Illinois
Turnaround: A week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 35
Number of Bids: 2
Bid Range: $300 - $700

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,422 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city