Washington Non-Compete Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
Non-compete law is the most state-divergent area in employment contracting — four states ban these agreements outright, a dozen more impose salary floors or notice rules, and the rest apply judge-made reasonableness tests that differ in temperament. This page covers what Washington requires; the download is our standard non-compete template, to be scoped to Washington's rules below.
Washington non-compete rules at a glance
| Enforceability | Enforceable only above the indexed salary floor (RCW 49.62, 2020). |
|---|---|
| Protected workers / thresholds | Void below ≈$123,000/year for employees (≈$308,000 for contractors), indexed annually |
| Required formalities | Disclosure no later than the offer's acceptance; 18-month presumptive cap; garden-leave pay required to enforce against laid-off workers |
| Overbroad agreements | Statutory penalties (≥$5,000 plus fees) for even partially unenforceable agreements |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How Washington handles non-compete agreements
Washington penalizes overreach itself: if a court has to trim the agreement at all, the employer owes the worker at least $5,000 plus attorney fees — drafting to the edge carries a price tag. The practical drafting rule for Washington: enforceable only above the indexed salary floor (RCW 49.62, 2020).. Before using this template, confirm the current statute — non-compete law has changed in more than a dozen states since 2020, and the FTC's federal ban attempt keeps the area moving.
Washington non-compete agreement FAQs
Are non-compete agreements enforceable in Washington?
Enforceable only above the indexed salary floor (RCW 49.62, 2020). Coverage limits matter here: void below ≈$123,000/year for employees (≈$308,000 for contractors), indexed annually.
What happens to an overbroad non-compete in Washington?
Statutory penalties (≥$5,000 plus fees) for even partially unenforceable agreements Draft to the narrowest restriction that protects the actual business interest — the safety net (or lack of one) above is what you're betting on.
What formalities does a Washington non-compete require?
Disclosure no later than the offer's acceptance; 18-month presumptive cap; garden-leave pay required to enforce against laid-off workers Procedural failures are now the most common way non-competes die — more common than substantive overbreadth in states with notice rules.
Does the FTC non-compete ban apply in Washington?
The FTC's 2024 rule banning most non-competes was set aside by a federal court before taking effect and remains in litigation, so it is not currently in force in Washington or any state. State law controls — which is why the state-specific rules above are the ones to draft around.
The full non-compete agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: Non-Compete Agreement Template — full guide and download.