Severance in Washington: the rules on your way out

Your thinking-it-over clock in Washington

Federal rule only — no state severance/settlement consideration or revocation statute found beyond the federal OWBPA/ADEA (21 days individual / 45 days group, 7 days to revoke, age 40+).

Run the deadline checker — it counts the federal clock and Washington's clock together and gives you the dates.

Non-competes in Washington: restricted — enforceable only within limits

NOW (2026): restricted by earnings. A covenant is void unless disclosed in writing no later than initial acceptance of the offer (independent consideration if signed after employment starts), and unless the worker's annualised earnings exceed the L&I-adjusted threshold — 2026: $126,858.83 for employees, $317,147.09 for independent contractors. If the employee is laid off, enforcement requires paying base salary for the enforcement period minus earnings elsewhere. Covenants over 18 months are presumed unreasonable. FROM JUNE 30, 2027: 'all noncompetition covenants are void and unenforceable regardless of when the parties entered into' them (ESHB 1155, 2026 c.149), it becomes a violation to enforce/attempt/threaten, represent a worker is bound, or enter/attempt one, and employers must make reasonable efforts by Oct. 1, 2027 to notify current/former workers whose covenants are still in their effective period that they are void. Narrow statutory exceptions (e.g. sale-of-business and other RCW 49.62 exclusions for confidentiality / certain non-solicitation) survive per secondary summaries — the RCW text opened states the blanket voiding rule.

Why it matters at the exit table: a non-compete you sign on the way out can matter more than the severance check. If the clause would block your next job, narrowing it is one of the most common — and most granted — negotiation asks.

Your last paycheck in Washington

Ceases to work for any reason — discharge or voluntary withdrawal: wages due must be paid at the end of the established pay period (in practice, on or before the next regularly scheduled payday). No accelerated same-day/72-hour rule for firings. Employer may not withhold the final check over unreturned keys, uniforms or equipment.

Unused vacation: No state vacation-payout mandate: severance and vacation payouts depend on the employer's policy or a contract/agreement — if a policy/contract promises accrued vacation at separation, that amount is wages and is due by the same end-of-pay-period deadline.

Final pay is owed whether or not you sign anything. If the date passes without your money, your state labor agency takes these complaints — and many states add penalties for every day of delay.

Layoff notice in Washington

Washington has its own layoff-notice law (a mini-WARN law): Yes — Securing Timely Notification and Benefits for Laid-Off Employees Act (ESSB 5525), effective July 27, 2025.

Notice failures have their own remedies (back pay for each day of missed notice, in the federal law's case) — separate from the severance agreement, and worth a question if your layoff was large and sudden.