Legal Question in Employment Law in Washington

Re: employer to employee non compete agrements

Short answer: yes. There is no absolute requirement that the employee see an attorney prior to signing.

However, employers should give employees the opportunity to see an attorney (at their own expense) prior to signing. Courts generally do not like non-compete contracts, and will tend to declare them invalid on any number of grounds. Not giving an employee the opportunity to consult an attorney further weakens the employer's position.

If you are an employee seeking to be released from a non-compete contract that seems too far reaching, you may want to see an attorney and explore your options.

If you are an employer preparing to have an employee sign a non-compete contract, you should give your employee an opportunity to consult an attorney, and you should make sure the contract does not overreach, if you want it to be binding.

Re: employer to employee non compete agrements

Yes. There are some things that might make a non compete illegal, such as asking you to sign one in the middle of your employment, without offering you something in return, but not having an attorney does not make a non compete illegal.