Fighting Illegal Noncompete Agreements in D.C.

 Posted on August 21, 2025 in Employment Contracts & Agreements

For many employees, signing an employment contract is a routine part of starting a new job. Buried in that paperwork, however, may be a noncompete clause that restricts your ability to work for a competitor or start your own business after leaving your current job. In Washington, D.C., many of these agreements are now illegal, and employees have the right to challenge them.

On October 1, 2022, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act (D.C. Code § 32–581.02) began limiting employers’ ability to enforce noncompete agreements; this ban continues to be in place as of August 2025. Most employees earning less than $158,363 per year (and less than $263,939 for medical specialists) cannot legally be involved in noncompete agreements, even if they consent. If your employer tries to enforce a noncompete against you in D.C., you may be able to fight back with the help of our aggressive D.C. employment law attorneys.

What Makes a Noncompete Agreement Illegal in D.C.?

Under the D.C. law, employers are prohibited from requiring covered employees to sign or agree to noncompete provisions. These provisions include:

• Clauses that prevent you from working for another employer, either during or after your employment

• Agreements that prohibit you from starting your own business in the same field

• Contract language that limits your ability to hold a second job or freelance position (with some narrow exceptions)

If your contract contains these restrictions and you fall below the income limit, the agreement may be unenforceable and illegal. Employers who try to make you sign illegal noncompetes can face penalties, and you may be entitled to financial damages.

How D.C. Employers Still Try to Enforce Noncompetes

Despite the law, some employers continue to include noncompete language in contracts or threaten employees with enforcement. Workers may feel pressured to quit a second job, pass up better opportunities, or even leave their profession altogether. Others may face retaliation, including threats of lawsuits.

Because noncompete disputes often overlap with wage law violations, retaliation claims, and other contractual issues, these cases can quickly become quite complicated. Employers sometimes rely on the fact that employees are unaware of their rights, but the law is clear: many noncompetes in D.C. are illegal.

What Options Are Available to Employees Whose Employers Make Them Sign Noncompete Agreements?

If you are facing an illegal noncompete, you may have several options for taking action. First, you can file an action in court to invalidate the unlawful noncompete. In cases such as these, if you prevail, the employer is responsible for paying your attorneys’ fees and costs. And second, you may also be entitled to compensation for any harm caused by the employer’s unlawful conduct, and protection against retaliation if you exercise your rights.

What Happens if I Fight an Employer’s Noncompete Agreement? 

Noncompete disputes are not always resolved quickly. They may require litigation in D.C. Superior Court or federal court. Employers often have legal teams prepared to defend noncompete contracts, even those that are against the law.

At Melehy & Associates LLC, our attorneys have specific experience litigating complex D.C. wage law violation cases and illegal contract disputes. Attorney Omar Melehy has dedicated his career to representing employees against employers, and our firm is not afraid to take cases to trial when necessary. We understand how these disputes affect your livelihood and are committed to protecting your right to work.

Get a Free Case Evaluation from Our Washington, D.C. Employment Law Attorneys for Employees

If your employer is trying to enforce a noncompete agreement against you, do not assume that the restriction is valid. Many noncompete clauses in Washington, D.C. are now illegal. Call 301-587-6364 today for a free case evaluation with a D.C. employment lawyer at Melehy & Associates LLC. Se habla español.