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ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: LOAN TRANSACTIONS

Cora Verge  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: ESTATE PLANNING

David Webster  

WSBA PRESIDENT'S CORNER: LISTENING TO CHANGE IN THE LEGAL PROFESSION

Bill Hyslop  

LOCAL NEWS RISING STARS 2016: CORA VERGE, ASSOCAITE ATTORNEY

Cora Verge  

WSBA PRESIDENT'S CORNER: PRINCE DIED WITHOUT A WILL

Bill Hyslop  

L&A IN LOCAL NEWS> INVESTIGATION REOPENED IN DEATH OF BICYCLIST RYAN HOLYK

Mike Maurer  

LOCAL NEWS: IN HOLYK CASE, SCIENTIST'S TESTIMONY DOESN'T SQUARE WITH INVESTIGATORS' STATEMENTS

Mike Maurer  

L&A IN LOCAL NEWS> EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

Mike Franklin   Kelly Konkright  

FIRM NEWS> JENNIFER HANSON BECOMES PRESIDENT OF SCBA

Jennifer Hanson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - MATERNITY LEAVE

Tori Osler  

WSBA PRESIDENT'S CORNER: HOW WILL YOU BE REMEMBERED? LEADING BY DOING AND THE WELL-LIVED LIFE

Bill Hyslop  

SPECIAL REPORT BILL HYSLOP: ENSURING ACCESSIBLILITY

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - NON-COMPETE AGREEMENTS

Erin Pounds  

WSBA PRESIDENT'S CORNER: WHAT ARE YOUR PERSONAL "LEGAL" RESOLUTIONS FOR THE NEW YEAR?

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EARNED SICK AND SAFE LEAVE

Jacob Brennan  

WSBA PRESIDENT'S CORNER: THE RISING COST OF LITIGATION AND ACCESS TO JUSTICE

Bill Hyslop  

WSBA PRESIDENT'S CORNER: EQUAL JUSTICE UNDER LAW

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EASEMENTS

Cora Verge  

WILLIAM HYSLOP SWORN IN AS WSBA PRESIDENT

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EMPLOYEE HANDBOOKS

Laura Black  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - AFFORDABLE CARE ACT

Kelly Konkright  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - PROBATE

Tom Culbertson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - WHAT VALUE DOES A BUSINESS ATTORNEY BRING TO MY COMPANY?

Paul Davis  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - THE AFFORDABLE CARE ACT

Kelly Konkright  

IMPORTANT NOTICE REGARDING : "OBAMA CARE" AFFORDABLE CARE ACT

Kelly Konkright  

IDAHO SUPREME COURT JUSTICE COMPLIMENTS WINNING LUKINS & ANNIS ATTORNEY IN TRUST LITIGATION

Mischelle Fulgham  

LUKINS & ANNIS CLIENT OBTAINS REVERSAL OF INJUNCTION ON LAND USER RESTRICTIONS BY THE IDAHO SUPREME COURT

Laura Black   Michael Hines  

LUKINS & ANNIS CLIENT OBTAINS DISMISSAL OF HOME OWNER'S LAWSUIT BY DIVISION III OF THE WASHINGTON STATE COURT OF APPEALS

LUKINS & ANNIS CLIENT OBTAINS SIGNIFICANT 9TH CIRCUIT DECISION AGAINST RED LION HOTEL FRANCHISOR UNDER WASHINGTON FRANCHISE INVESTMENT PROTECTION AND CONSUMER PROTECTION ACTS

Mike Maurer  

WAYNE SWENEY NAMED DISTINGUISHED LAWYER BY IDAHO BAR

Wayne Sweney  
ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - NON-COMPETE AGREEMENTS

Erin Pounds

Q: As an employer, how can I ensure that a non-competition agreement is enforceable with respect to my employees?

A: To be effective and enforceable under Washington law, a non-compete agreement must be equitable and protect the employer's business interests while not unreasonably infringing upon the employee's ability to earn a living. When considering whether a non-compete is enforceable as written, courts determine whether it is reasonable based on the following factors: (i) whether it is necessary to protect the employer's business, (ii) whether the geographic and temporal scope of the agreement are reasonable under the circumstances, and (iii) whether public policy weighs in favor of enforcement of the agreement.

Although reasonable non-competes are currently enforceable under Washington law, the Washington Legislature is currently considering several bills that would render non-competes unenforceable with respect to certain industries and certain types of employees. Given that there will likely be new developments with respect to this area of law in the near future, it is advisable to consult with an experienced attorney to ensure that a non-compete will be enforceable.

Erin Pounds is an attorney at the law firm of Lukins & Annis, where her practice emphasizes business & corporate law, employment law, municipal law, and litigation.

Published in the Journal of Business March 24th, 2016

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