Washington Employment Agreement with Covenant Not to Compete

State:
Multi-State
Control #:
US-OG-207
Format:
Word; 
Rich Text
Instant download

Description

This form is used when an Employee agrees to be employed by an Employer, and the Employer agrees to employ the Employee, for the purpose of performance by and on behalf of the Employer as may be reasonably requested from time to time by the Employer. This agreement contains a covenant not to compete clause.

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  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete

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FAQ

The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.

The well-known general rule is that a covenant not to compete is only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.

Ignoring a restrictive covenant means that you could potentially be faced with a legal claim against you and injunctions to stop you from making the changes you wish to. You may have to pay damages to the other party to compensate for the breach too.

Where an employer claims a financial remedy or damages for breach of a restrictive covenant in an employment contract, the employer will need to show some loss resulting from the breach. This will normally be loss of profits on contracts or opportunities diverted by the employee.

A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

A covenant not to compete has three elements: (1) a limitation on the work that may be pursued by the employee, (2) a definite time, and (3) a definite geographical area. The time and geographical restrictions are usually straightforward; the limitation on work is a little more complex.

Restrictive covenants cannot be ignored. Someone may have told you that employers never enforce them. That is a common misconception. On the contrary, the courts regularly enforce restrictive covenants in employment contracts.

Under the new law, employers will only be able to enforce noncompetition covenants against an employee if the employee earns more than $100,000 in a year, or in the case of an independent contractor, if the contractor earns more than $250,000 in a year (these amounts will be adjusted annually for inflation).

In general, if you rely on a one size fits all policy when drafting restrictive covenants, it risks them being unenforceable. Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and.

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Washington Employment Agreement with Covenant Not to Compete