Washington Severance Rights: Non-Competes Are About to Be Banned
Washington just banned virtually all non-compete agreements effective June 2027 — and the Silenced No More Act protects your right to speak. Know your leverage.
Severance Mandated?
No — But Negotiable
Non-Competes
Banned
State WARN Act
No State WARN
Typical Severance
1 month per year of service (tech sector)
Washington Employment Laws That Affect Your Severance
Understanding these WA-specific protections is the first step to negotiating a better package.
Non-Compete Ban (SB 1155)
Starting June 30, 2027, virtually all non-competes are void — even ones you already signed. Employers must notify you by Oct. 1, 2027. Enforcement attempts cost them $5,000+ plus your legal fees.
Silenced No More Act
Employers cannot use NDAs or non-disparagement clauses to prevent you from disclosing illegal discrimination, harassment, retaliation, or wage violations. Violations carry $10,000+ penalties.
No State Income Tax
Washington has no income tax, meaning your severance isn't reduced by state withholding. Same package, more take-home.
OWBPA Protections (40+)
Workers 40+ get 21 days to review (45 for group layoffs) and 7 days to revoke. Non-compliant releases may be voidable.
Federal WARN Act Only
No state WARN — only federal applies at 100+ employees. Many WA tech companies voluntarily exceed this.
Paid Family & Medical Leave
Expanding coverage reaching employers with 15+ workers by 2027. Factor leave benefits into your severance calculation.
WARN Act: Washington vs. Federal
| No State WARN | Federal WARN | |
|---|---|---|
| Employer Threshold | N/A — no state WARN Act | 100 employees |
| Notice Required | N/A | 60 days |
Key insight: Washington has no state WARN Act. Only the federal WARN Act applies (100+ employees, 60 days). However, many WA tech employers voluntarily provide longer notice or enhanced severance.
Non-Compete Agreements in Washington
Non-Competes Are Void
Washington's SB 1155 (signed March 2026) bans nearly all non-compete agreements effective June 30, 2027 — retroactively voiding existing ones. Employers who attempt enforcement face $5,000+ in statutory damages plus your attorney fees. Don't trade severance value for a non-compete that's about to be void.
Your Washington Advantage
Non-competes banned effective June 2027 — retroactive to all existing agreements
Silenced No More Act protects your right to disclose illegal conduct
No state income tax — more take-home on every severance dollar
Tech-heavy economy drives above-average severance packages
Red Flags in WA Severance Agreements
If your severance agreement includes any of these, you should not sign without further review.
Non-compete clauses (will be void by June 2027 — don't trade value for one)
Broad NDAs that restrict reporting of illegal conduct (violates Silenced No More)
Non-solicitation clauses disguised as non-competes (still enforceable — review carefully)
Rushed signing deadlines for workers 40+ (OWBPA violation)
Waiver of paid family/medical leave benefits
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Washington Severance FAQ
Are non-competes still enforceable in Washington?▼
What happens if my employer tries to enforce a non-compete?▼
Can my severance agreement silence me about workplace misconduct?▼
Is severance required in Washington?▼
How does no state income tax benefit my severance?▼
Disclaimer: SeveranceIQ is an educational technology tool, not a law firm. The information on this page about Washington employment laws is for general educational purposes only and does not constitute legal advice. Laws change frequently. For advice about your specific situation, consult a licensed Washington employment attorney. Full disclaimer
Severance guides for other states: