Washington State Prohibits Non-Competes and Many Non-Solicitation Agreements

 

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On March 23, 2026, Washington’s Governor Bob Ferguson signed a law that eliminates non-compete agreements, severely restricts non-solicitation agreements, and imposes other requirements related to all Washington employees. Who is covered? This law applies to all employees in Washington, even...

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The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. Can she do that?

 

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Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to note that certain provisions...

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Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

 

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Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual employees. In such circumstances, employers may seek to offer...

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Quirky Question # 276: Ex-Employees Gone Rogue

 

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Question: Our company uses agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company.  We have evidence he took with him our confidential information about...

VIEW ALL POSTS ABOUT: Banking Industry Group, Employee Handbook / Policies, Health Care Industry Group, Misappropriation of Trade Secrets, Post-Employment Restrictive Covenants

Question #273: Crafting a Concrete Non-Compete

 

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Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the agreement is invalid because it is...

POSTED IN Banking Industry Group, Employee Handbook / Policies, Food & Agriculture Industry Group, Health Care Industry Group, Litigation Issues, Mining Industry Group, Misappropriation of Trade Secrets, Post-Employment Restrictive Covenants

Question #272: Competing in California

 

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Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he learned from us.  We’re in California,...

POSTED IN Banking Industry Group, California Questions, Common Law Claims, Employee Handbook / Policies, Energy Industry Group, Food & Agriculture Industry Group, Health Care Industry Group, Mining Industry Group, Misappropriation of Trade Secrets, P3D Industry Group, Post-Employment Restrictive Covenants