Is It Legally Enforceable in Washington?

Yes — non-solicitation agreements are enforceable in Washington under certain circumstances:

Duration. An employer may not unreasonably restrict an employee for too long or in too large an area. Courts analyze the terms under the same test that is applied to non-compete agreements.^[1]
Benefits. Agreements are void unless they are agreed upon in writing, and the employee earns more than $100,000 per year. In the event of a layoff, the employee must receive adequate compensation.^[2]
Franchisees. A franchisee is not eligible to authorize a non-solicitation agreement.^[3]

Types of Solicitation to Prohibit

If within reason, a non-solicitation covenant can restrict a former employee from soliciting the employer’s:

Past or current customers/clients
Past or current employees
Independent contractors
Other business relationships

What to Include

What should you include in a non-solicitation agreement.

In Washington, a non-solicitation agreement should generally include reasonable limitations on the following in order to be enforceable:

1. Time Restraint

The duration of the restrictive covenant, which can range from several months to a few years, should be considered reasonable.

2. Geographical Restraint

The area where the individual is bound to the restrictive terms should be specified. Typically, this is limited to the city, county, or region where the employer is based.

3. Specific Action

Restrictions under the agreement should be clearly defined, listing the parties that the individual is prohibited from soliciting. It should also define what “soliciting” entails.