Non-Compete Agreement in Washington
State-specific overview · Employment Law
Washington presumes non-compete agreements are void unless the employer proves they protect legitimate business interests and are reasonable.
How Washington treats Non-Compete Agreement
Washington law (RCW 19.86.140) creates a strong presumption against non-competes, placing the burden on the employer to justify the restriction. Courts will enforce a non-compete only if it protects trade secrets, confidential business information, or substantial relationships with prospective or existing customers, and the restriction is reasonable in time, area, and line of business. Non-competes lasting longer than two years are disfavored. Agreements that restrict an employee from working in their profession statewide or nationwide are typically unenforceable.
The general definition of Non-Compete Agreement
A contract clause restricting an employee from working for competitors or starting a competing business after leaving.
A non-compete agreement is a contract between an employer and employee that prevents the employee from working for a competitor or starting a competing business for a set period after leaving the job. These agreements are designed to protect the employer's trade secrets and customer relationships. However, courts scrutinize them carefully because they restrict a person's right to earn a living. A non-compete is generally enforceable only if it is reasonable in scope (limited to a specific geographic area and time period) and protects a legitimate business interest. Some states, like California, disfavor non-competes entirely.
Read the full Non-Compete Agreement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.