Federal & State Regulations | Employment contracts - Washington

State Info

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Washington law does not have a similar provision to federal regarding union membership. It does, however, have other provisions concerning employment contracts.

Rights to invention

Any provision in an employment agreement which provides that an employee shall assign the employee's rights in an invention to the employer shall not apply to an invention for which no equipment, supplies, facilities or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless the invention relates to the business of the employer or the invention results from any work performed by the employee for the employer. Any written agreement between the employer and employee must state this. RCW §49.44.140

Employment contracts

The right to enter into or change the employer/employee relationship is a legal right except where it is in violation of contract. In a violation of an employment contract, where no irreparable damage is about to be done to the property or personal rights of either the employer or employee, a legal injunction will not be granted but the parties to the contract must seek their remedies at law. RCW §49.36.020

Breach of contract

It is unlawful for any person to willfully and maliciously break an employment contract, knowing or having reasonable cause to believe that the consequences of doing so will endanger human life, or cause bodily injury or expose property to destruction. RCW §49.44.080

Waiver of rights

An employer may not require an employee to enter into an agreement to waive his or her rights to unemployment compensation benefits or agree to pay any portion of the employer’s required contributions. RCW §50.40.010