Frequently Asked Questions About Washington D.C.'s Non-Compete Laws

When you sign a non-compete agreement, you are essentially telling your employer that you will not work for a rival business. These agreements typically come with restrictions on geographic area and/or duration to avoid unfairly restricting the employee's job prospects.

Non-compete agreements are legal in Washington D.C., but only under limited circumstances. Specifically, an employer can only include a non-compete agreement if the employee makes over $150,000 annually, and the agreement may only last a year. For employees who earn over $250,000 annually, the agreement can be extended to two years.

A non-compete agreement restricts where an employee can work. On the other hand, a non-disclosure agreement prevents an employee from sharing confidential information, such as trade secrets.

If your employer has asked you to sign an illegal or unenforceable non-compete agreement, you can file a complaint through the Office of the Attorney General (OAG). The Office is responsible for enforcing laws within the District of Columbia, including non-compete regulations.

The same act that tightened Washington D.C.'s non-compete laws also placed restrictions on 'moonlighting,' the practice of working an extra job aside from your primary employer. In Washington D.C., your employer has the right to stop you from seeking secondary employment if they believe that it could compromise your productivity or create a conflict of commitment.

You should review your employment contract carefully before signing, especially if it includes a non-compete agreement. If the terms of the non-compete agreement seem too vague or cover too large of an area, you should contest it. At Melehy & Associates, LLC, we can advise you of what to do when faced with an overly restrictive non-compete agreement.

If you have been accused of violating a non-compete agreement, you should get in touch with an employment law attorney as soon as possible. Taking the dispute to court without proper representation could expose you to liability, not to mention copious legal fees. At Melehy & Associates, LLC, we can represent you in negotiations outside of court and provide you with aggressive representation in court if necessary.