Competition Non Competition With Friends In Washington
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Are Any Washington State Non-Competes Still Enforceable? Yes, but only for an employee or independent contractor whose annual income exceeds the current year's earnings thresholds of $101,390.00 and $253,475.00 respectively.
The very basic requirements are that the non-compete must (1) be in writing; (2) be part of an employment contract; (3) be based on valuable consideration; (4) be reasonable in scope of time and of territory; (5) not be against public policy.
The Washington state has a three-factor test that helps determine whether a non-compete clause is enforceable or not. It examines the clause's scope, the time frame in which it is enforceable, and the interests protected by the clause.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
In order for an employee non-compete agreement to be valid and enforceable in Washington in 2025, an employee must earn at least $123,394.17 per year from the employer seeking to enforce the non-compete.
On April 23, 2024, the Federal Trade Commission issued its long-awaited Final Non-Compete Clause Rule, which operates to ban most post-employment non-compete agreements between employers and their workers.
Choropleth map showing California, Minnesota, North Dakota and Oklahoma have full bans on noncompete agreements. Nine states and D.C. have restrictions on noncompetes based on an employee's income level. 25 states have other restrictions on noncompetes while 12 states have no restrictions.
At Xite Realty, we always recommend our clients hire attorneys to review legal documents before signing. Negotiate the smallest non-compete radius. A reasonable non-compete radius should be between three to five miles. We've seen radius as large as 20 miles!
As you can see, non-competes are not enforceable in California, although other states currently allow them. Instead, you can opt for a non-disclosure agreement, or hire employees who live and work in other states.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
