Employment Contract requirements in Washington
- Offer and acceptance: Both parties must agree to the terms, usually through a signed document.
- Consideration: Something of value must be exchanged, such as salary, benefits, or services.
- Capacity: All parties must be legally capable of entering a contract (e.g., of sound mind and legal age).
- Legality: The contract's purpose must be legal and not against public policy.
- In Washington, no law requires a written employment contract, but written agreements are highly recommended for clarity.
- For certain contracts, especially those with non-compete clauses, written agreements are required to be enforceable.
How to create a Employment Contract in Washington
- Decide the type of contract: employee agreement (with or without a non-compete), independent contractor agreement, or offer letter.
- Draft the contract clearly, including job duties, compensation, benefits, termination conditions, and any restrictive covenants.
- Review Washington-specific laws: For example, non-compete clauses are only enforceable for employees earning above a certain threshold and for a maximum of 18 months.
- Ensure the contract complies with Washington's wage and hour laws, including overtime and minimum wage.
- Have both parties sign and date the contract. While notarization is generally not required, it can add an extra layer of authenticity.
- Provide each party with a copy for their records and keep the original signed document.
What a Employment Contract typically costs
The cost to draft an employment contract in Washington varies. Using a free online template is often $0, while hiring an attorney can range from $200 to $500 per hour, with flat fees for simple contracts typically between $500 and $1,500. Independent contractor agreements may be less expensive if using a service like LegalZoom, which starts around $99 plus state fees.
Need help with an employment contract in Washington? Consult a local employment attorney to ensure your rights are protected.
Create your employment contractFrequently asked questions
Do employment contracts need to be notarized in Washington?
No, Washington law does not require notarization for most employment contracts. However, if a contract includes a non-compete or other restrictive covenant, it must be in writing and signed by the employee, but notarization is still not mandated. Getting it notarized can help prove authenticity if challenged.
Are non-compete agreements enforceable in Washington?
Yes, but with limitations. As of 2020, non-competes are only enforceable for employees earning over Washington's salary threshold (currently $120,599.99 per year for 2025). Additionally, the non-compete cannot last more than 18 months. They are also void if the employee is laid off unless compensation is provided.
Can an employer change an employment contract without notice?
No, both parties must agree to any changes. Unilateral changes are generally not enforceable unless the contract allows for modifications. If an employer changes terms without consent, the employee may have a claim for breach of contract.
What is the difference between an employee and an independent contractor in Washington?
Washington uses an 'economic realities' test to determine worker classification. Independent contractors control how they do the work, can work for others, and are not economically dependent on one employer. Misclassifying workers can lead to penalties for unpaid taxes and benefits.