Washington Non-Solicitation Agreement

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Updated November 18, 2022

A Washington non-solicitation agreement is a contract between an employer and employee restricting the employee from soliciting the employer’s customers upon the termination of employment. The intent is to safeguard the employer’s business interests within a specific area and for a specified period of time.

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. (Knight, Vale & Gregory v. McDaniel (1984))
  • 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.(RCW 49.62.020)
  • Franchisees. A franchisee is not eligible to authorize a non-solicitation agreement. (RCW 49.62.060)

Related Forms

Washington Non-Compete Agreement

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Washington Non-Disclosure Agreement

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