Are employers allowed to impose non-solicitation clauses in an employment contract?

Yes, employers in Washington are allowed to impose non-solicitation clauses in an employment contract. This means that employers may require their employees to agree not to solicit, hire, or do business with the employer’s current or former customers and employees. Non-solicitation clauses are commonly used in Washington to protect an employer’s confidential information, trade secrets, and other proprietary rights, as well as to protect its relationships with employees and customers. Non-solicitation clauses must be limited in scope and duration. The agreement must be reasonable and not unduly restrict an employee’s ability to earn a livelihood. For example, an employer cannot broadly prohibit an employee from competing with them in any capacity but could restrict them from working for or providing services to specified customers or services. Additionally, the agreement must not expressly or impliedly prevent or restrict an employee from working for any other employer in any capacity. Non-solicitation clauses must be carefully drafted so as to be enforceable and must comply with the laws of Washington. Employers should consult with an attorney to ensure the agreement meets these requirements. Generally, a non-solicitation clause is enforceable if it is reasonable and not overly restrictive, and sufficiently limited in scope. It is important to note that employers are prohibited from requiring employees to sign non-compete agreements.

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