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The Washington Non-compete Agreement form plays a crucial role in the employment landscape, particularly for employers seeking to protect their business interests while ensuring fair treatment of employees. This form outlines the specific terms under which an employee agrees not to engage in competitive activities after leaving a job. Key aspects of the agreement include the duration of the non-compete period, geographic limitations, and the nature of the restricted activities. Additionally, Washington law mandates that non-compete agreements must be reasonable in scope and must be supported by adequate consideration, meaning that the employee must receive something of value in exchange for signing the agreement. Understanding these components is essential for both employers and employees, as they navigate the delicate balance between protecting business interests and allowing individuals the freedom to pursue their careers. The form also provides clarity on enforcement mechanisms and potential consequences for breach, making it a vital document in the realm of employment law in Washington State.
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Washington Non-Compete Agreement Template
This Non-Compete Agreement ("Agreement") is made in accordance with the laws of the State of Washington, particularly the Washington Non-Compete Act, RCW 49.62. It is intended to protect the legitimate business interests of the Employer while balancing the rights of the Employee. By signing this Agreement, the Employee agrees not to engage in certain professions or trades that compete with the Employer for a specified period within a specified geographical area after the termination of employment.
1. Parties Information
This Agreement is made on ______ [Insert Date], by and between ______ [Employer’s Name], with its principal place of business located at ______ [Employer’s Address], hereinafter referred to as "Employer," and ______ [Employee’s Name], residing at ______ [Employee’s Address], hereinafter referred to as "Employee."
2. Restricted Activities
The Employee agrees not to engage in the following activities, which are directly or indirectly in competition with the Employer:
- Working for a competitor within ______ [Insert Restricted Radius] miles of the Employer's primary business location(s).
- Starting a business in the same industry as the Employer within the specified geographic area.
- Soliciting the Employer’s clients or customers for a competing business or service.
3. Duration of Restrictions
The restrictions mentioned above shall apply during the Employee's tenure at the Employer's company and extend for a period of ______ [Insert Time Period] after the termination of employment, regardless of the reason for termination.
4. Geographic Scope
The geographic scope of this Agreement shall include the area within ______ [Insert Geographic Area] miles of the Employer's primary place of business.
5. Consideration
In consideration for the Employee's promise not to compete, the Employer agrees to provide:
- Compensation in the form of ______ [Insert Details of Compensation].
- Other Considerations (if applicable): ______ [Insert Details].
6. Severability
If any provision of this Agreement is found to be invalid or unenforceable under the law, the remaining provisions will continue in full force and effect.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, related to such subject matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Employer Signature: ____________________________________
Employee Signature: ____________________________________
Date: ______ [Insert Date]
PDF Data
| Fact Name | Details |
|---|---|
| Governing Law | The Washington Non-compete Agreement is governed by Washington state law, specifically RCW 49.62. |
| Enforceability | Non-compete agreements in Washington are enforceable only if they meet specific criteria outlined in state law. |
| Duration Limit | The maximum duration for a non-compete agreement in Washington is typically 18 months after employment ends. |
| Geographic Scope | The agreement must specify a reasonable geographic area where the restrictions apply. |
| Consideration | Washington law requires that employees receive something of value in exchange for signing a non-compete agreement. |
| Exceptions | Certain professions, such as physicians, may have different rules regarding non-compete agreements. |
| Disclosure Requirement | Employers must provide a copy of the non-compete agreement to the employee at least two weeks before employment starts. |
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