Washington Consulting Agreement for Independent Consultant with Non-Competition Clause
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How to fill out Consulting Agreement For Independent Consultant With Non-Competition Clause?
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FAQ
As of 2025, Washington state law dictates that non-compete agreements can only be enforced if the employee earns over a certain threshold, which is currently set at $100,000 annually. This means your Washington Consulting Agreement for Independent Consultant with Non-Competition Clause should clearly define the income levels to protect both parties. Understanding this threshold can help ensure that your agreement remains valid and enforceable.
compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.
Passed in January 2021, and effective as of March 2021, Washington D.C. passed the Ban on Non-Compete Agreements Amendment Act of 2020, one of the broadest in the country. The new law bans non-compete clauses for the majority of employees and applies both during and after a worker's employment.
As of 2020, non-compete agreements that do not meet certain standards will be void in Washington State. Both new and previously existing noncompetition agreements must comply with the new law.
In addition to banning almost all postemployment noncompete agreements, the act will ban workplace policies and agreements that prohibit current employees from having other jobs while they are employed by their employers.
Some states have enacted even broader restrictions on non-competition agreements. Later this year, the District of Columbia will join California, North Dakota, and Oklahoma as the only states that ban the use of employer/employee non-competition agreements in most circumstances. See D.C. Act 23-563.
Regardless of income, a non-compete is now void and unenforceable under RCW 49.62 unless the employer gives the employee written notice of the terms of the non-compete before the employee accepts the offer of employment.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
