Yes, the new law does not limit confidentiality agreements, agreements that limit the use or disclosure of trade secrets, or non-invitation agreements. Non-pay agreements are agreements that prohibit a worker after the termination of the employment relationship from inviting other workers from the employer to leave the labour market or from inviting an employer`s client to cease his activities or to reduce his activities with the employer. The non-recovery of work clauses is primarily to protect companies` investments in their employees. In some sectors, such as the software development industry, employees spend months, if not years, on highly specialized and expensive training to do their jobs and contribute to the company`s success. Attracting staff from a direct competitor to work and targeting already qualified candidates who do not require training or other types of work readiness can be considered a kind of theft. Chapter 49 RCW describes the authorized and prohibited practices for businesses and their employees in Washington. The demand for customer clauses is most used in distribution or service companies, as their revenues are often related to the direct relationships they establish and maintain with their customers. Each state has unique laws regarding these non-compete clauses and other types of non-compete clauses that can be included in employment contracts. However, if these and other non-competition clauses are used, they must be considered reasonable.
Otherwise, they are invalid and unenforceable. In Washington, Chapter 49.44 RCW lists the laws on employment contracts and their violations. The relevance of a non-invitation clause generally depends on two key factors: it is important that the new law does not provide a safe haven for non-competitive alliances when the income threshold is reached. (In fact, the law does not expressly authorize or authorize any restrictive confederation.) All non-competitive alliances must meet other status standards. Alliances must also exist under the common law, which can continue to change. The new statute states: „Unless in this chapter, the development of the common law is not revoked, amended or impeded in this chapter.“  Section 10(2). [Added highlight.] The legislature therefore calls on the judiciary to reorganize the law of restrictive contracts while giving justice two new guiding principles: labour mobility is important for economic growth and restrictive contractual agreements may be liability contracts and not applicable. Section 1.  See Ala. code 8-1-190 (valid 1/1/2016); Utah code 34-51-201 (valid 10.05.2016); Illinois 820 Fig. Comp. Stat.
Ann. 90/10 (valid in 2017); And mass. gene. Laws Ann. 149, No. 24L (valid 05.10.2018). In 2005, the Legislature in Washington looked at competition agreements with employees in the broadcasting sector (but not in the distribution or management sector). RCW 49.44.190. The world of non-invitation and non-competition clauses is complex. Many seemingly tiny details determine the validity of a clause and can influence what a company can or cannot demand from its employees and customers. If you would like to learn more about non-compliance with customer clauses, call HKM Employment Attorneys LLP at 206-838-2504.
Our experienced team of labour law professionals will help you make the best decisions for yourself. A reasonable non-invitation clause contains a language that creates professional limitations for the employee without hindering his or her career. Employees of a company are a significant monetary investment for the company and their skills and qualifications can be specialized in the sector in which the company operates, which justifies protection by a clause.