A Washington non-compete agreement is a written document in which an employee agrees not to compete with the employer after the job ends. In Washington, a noncompetition covenant is void and unenforceable unless it meets the conditions of the state statute.[1] Those conditions cover written disclosure, earnings, extra consideration and layoffs. Create a free non-compete agreement online, then check it against the rules below.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Washington law. If you notice an error or outdated information, please contact us.
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A Washington noncompetition covenant is void and unenforceable unless it meets the conditions that Section 49.62.020 of the Wash. Rev. Code sets.[1] A covenant is the promise not to compete. If a condition that applies is not met, the employer cannot enforce it.
A noncompetition covenant is void and unenforceable
The statute attaches these conditions to the covenant:
Statutes change. Read the current text of Section 49.62.020 before you rely on the dollar figure above.
A party seeking enforcement may rebut the presumption against durations longer than eighteen months. To do so, it must prove by clear and convincing evidence that the longer duration is necessary to protect the party's business or goodwill. The burden sits with the party seeking enforcement, not with the employee.[1]
Local employers usually start from a non-compete agreement template to protect confidential information and client relationships. A typical agreement names the employer and the employee, lists the activities the employee agrees to avoid and says how long the restriction lasts. Many agreements also say when the restriction starts, such as on a stated effective date or after the job ends.
Many agreements ask the employee not to:
Need a different form? See the non-compete template for employees or the non-compete template for independent contractors.
Under Section 49.62.020, a covenant with restrictions like these is void unless it meets the statute's conditions, including written disclosure of its terms by the time you accepted the offer and annualized earnings above the statute's threshold. A covenant that lasts more than eighteen months after the job ends is presumed unreasonable and unenforceable.[1]
Before you sign a non-compete agreement in Washington, read it against the five conditions above. Each question below maps to one condition in the statute, so you can see quickly which one the paper leaves open.[1]
A no answer to any question is a reason to ask the employer for changes or to talk to a licensed Washington attorney.
The FormsPal form is a general non-compete agreement that you can adapt for a Washington employer and employee. It uses common non-compete clauses, so you edit names and terms instead of drafting from scratch.
The form does not know Washington law. After you fill it in, compare it with the conditions in Section 49.62.020 above.
Fill in the exact legal names of the employer and the employee, then compare every clause with the conditions in Section 49.62.020 before anyone signs. A few habits make the paperwork easier to defend later.
Under Section 49.62.020 of the Wash. Rev. Code, a noncompetition covenant is void and unenforceable unless it meets the statute's conditions. These include written disclosure of its terms by the time the employee accepts the job offer, and annualized earnings above one hundred thousand dollars per year from the party seeking enforcement.[1]
The statute text says the covenant is void unless the employee's earnings from the party seeking enforcement, when annualized, exceed one hundred thousand dollars per year.[1]
The employer must disclose the terms in writing to the prospective employee no later than the time the employee first accepts the offer of employment.[1]
The party seeking enforcement carries that burden. It may rebut the presumption against a longer duration by proving by clear and convincing evidence that the duration is necessary to protect its business or goodwill.[1]
If the covenant is entered into after the commencement of employment, the employer must provide independent consideration for it.[1]
If the employee is terminated as the result of a layoff, enforcement must include two things:
General information, not legal or tax advice.
Popular Local NCA Forms
A lot of enterprises frequently prefer to restrict their employees from sharing commercial secrets with the company’s competing firms once the employment comes to an end. Different US states have different restrictions and policies involving non-compete clauses. Here are some of the most requested regional NCAs looked up by the users of this site.
