Noncompete agreements can make it hard for employees to change jobs, hold a second job, or start a business. Washington has strong protections against them. 

Washington law provides significant protections for workers and limits many employers’ ability to restrict future employment opportunities.  

Perhaps you didn’t realize there was a noncompete clause buried in your first day paperwork. Maybe you clearly remember signing it.  

Either way, it may not be enforceable. Washington has enacted worker-friendly protections that may prevent employers from enforcing certain noncompete restrictions, particularly against lower-paid workers. Beginning next year, it mostly bans them. 

By understanding your rights, you can make informed decisions about your career and avoid missing out on opportunities because of an agreement that may not be enforceable. 

What Is a Noncompete Agreement? 

A noncompete agreement is a contract that limits an employee’s ability to work for a competitor or start a competing business of their own. Sometimes a noncompete only applies while you work for the first employer, meaning that it prohibits you from simultaneously holding a second job, also called moonlighting. It could also have time or geographic limitations, specifying that you may not work for another company for 12 months after your employment ends or within 100 miles of your first employer. 

Employers often claim these agreements are necessary to protect business interests, customer relationships, or confidential information. 

While noncompete agreements are commonly associated with executives and highly compensated professionals, they are frequently used with workers throughout the workforce. Many employees are surprised to learn they signed a document that could potentially affect where they can work in the future. 

How Does Washington Law Protect Workers? 

Washington law recognizes that broad restrictions on employment can limit your ability to earn a living and advance your career. As a result, employers do not have unlimited power to prevent workers from pursuing new opportunities. 

These protections are particularly important in industries where workers often rely on flexible schedules, multiple jobs, or career mobility. Retail employees, restaurant workers, hospitality staff, and similar workers can be disproportionately affected by restrictions that prevent them from seeking higher-paying opportunities or supplementing their income. 

Washington’s approach reflects a broader public policy signaling that your employer shouldn’t get to decide your career’s future. Simply signing a noncompete agreement does not automatically mean it is enforceable. 

When Is a Noncompete Agreement Unenforceable? 

Restrictions Based on Income 

In most cases, a noncompete agreement cannot be enforced against an employee who earns $126,858.83 or less in 2026. For an independent contractor, the threshold is $317,147.09. The state adjusts these figures each year for inflation. 

Employers generally cannot prohibit employees earning less than twice the applicable Washington minimum wage from holding a second job, doing freelance work, working as an independent contractor, or being self-employed. In 2026, that’s $17.13 per hour, or $35,630.40 per year for a full-time employee. 

Disclosure Requirements 

An employer must advise new hires in writing that they’ll be subjected to a noncompete agreement before the employee accepts a job offer. An agreement that’s presented after an applicant accepts the position is generally not valid. 

For existing employees, an employer may not simply add a noncompete agreement as a job requirement. A noncompete may be valid only if an employee receives something of value in exchange for agreeing to it, such as a raise or a bonus. 

Layoff Rule 

A noncompete agreement is not enforceable if you’ve been laid off. The only exception to this rule is if your employer continues paying your salary for the duration of the noncompete period. 

Is it Reasonable? 

Even if you earn above the coverage threshold and an employer complies with other rules, Washington requires that a noncompete agreement be reasonable. Courts may consider whether a noncompete is necessary to protect business interests, it’s overly broad, or it harms the public by keeping qualified employees from putting their skills to good use. 

Duration and geographic scope are other considerations. A noncompete that lasts more than 18 months after your employment ends is almost always unreasonable, while a company that operates in one state and prohibits competition anywhere in the country is also suspect. 

How Can I Tell If a Noncompete Agreement Is Overly Broad? 

Every situation is different. But some restrictions may be so broad that they unfairly restrict a worker’s ability to earn a living. 

Potential warning signs include: 

• A ban on working anywhere in an entire industry 
• Restrictions that prevent you from holding routine jobs that do not pose a competitive threat 
• Limits on accepting employment opportunities after leaving a position 
• Restrictions that interfere with your ability to take a second job 
• Agreements that appear designed to discourage career advancement rather than protect legitimate business interests 

What Should I Do If an Employer Tries to Enforce a Noncompete? 

If your employer tells you that a noncompete agreement prevents you from pursuing a job opportunity, they may not be correct. Speaking with an experienced employment lawyer can help you make sense of the situation. 

To help ensure you have the best information, consider taking the following steps: 

• Keep a copy of any employment agreements you signed.
• Save emails, letters, or messages relating to the restriction. 
• Document how the noncompete affects your employment opportunities. 
• Note when and how you were presented with the noncompete. 
• Review the agreement for limits on where you can work, how long the restriction lasts, and whether it applies after your employment ends. 

Many workers lose valuable opportunities because they assume an employer’s interpretation of a noncompete agreement is accurate. In some cases, workers may have stronger legal protections than they realize. 

What Are My Rights Under Washington’s Noncompete Law? 

Noncompete agreements can have serious consequences for workers seeking better jobs, additional income, or career advancement. But in Washington, many workers are protected from employment restrictions that go further than the law allows. 

If a noncompete agreement has limited your ability to change jobs, work for a competitor, start a business, or take on additional work, you may have important rights under Washington law. An Outten & Golden attorney can evaluate your situation and help you understand your options. Call our intake team at 877-468-8836. They are available Monday through Friday from 8:30 a.m. to 9:00 p.m., Eastern Time. 

Learn More About Noncompete Agreements 

• FAQ on Noncompete Agreements
• How Noncompete Agreements Harm Women and People of Color: ‘Consequences Can Be Devastating’
• Jimmy John’s Makes Low-Wage Workers Sign ‘Oppressive’ Noncompete Agreements
• States Take the Lead on Banning Noncompete Agreements
• New Washington Law Bans Noncompete Agreements