A Washington non-solicitation agreement is a contract that prevents an individual from engaging with a business owner’s clients, suppliers, vendors, or workers. It may be used in conjunction with an employment agreement, the dissolution of a partnership, or the sale of a business. The completed agreement will usually relay how long the restrictions will last, the individuals they apply to, and the compensation the recipient will receive for signing (i.e., getting hired for a position).
- Statutes: N/A
- Legally Enforceable? Yes, courts enforce non-solicitation agreements in Washington.
- Requirements: (Perry v. Moran, 109 Wash. 2d 691 (1987)): Courts use the same reasonableness test they apply to non-competes, asking the following:
- Is the restriction necessary to protect the employer’s business interests or goodwill?
- Is the restraint placed on the employee unreasonable?
- Is the loss of the employee’s services injurious to the public?
Washington statutes state that a duration exceeding eighteen (18) months is presumed unreasonable unless evidence is provided to the contrary (§ 49.62.020).
Related Forms (2)
Washington Non-Compete Agreement – A contract stating that an individual may not compete with a former employer, business partner, or a business they sold.
Washington Non-Disclosure Agreement – A legally binding promise where the signee agrees not to release sensitive information to unauthorized individuals or entities.