Washington’s Silenced No More Act (RCW 49.44.211)—effective June 9, 2022—was enacted to void nondisclosure and nondisparagement provisions that prevent employees or contractors from reporting perceived illegal conduct. While the statute serves an important policy goal, many Plaintiffs lawyers have hijacked this statute to target businesses, often in ways that extend well beyond the legislature’s intent.
For Washington businesses, this means trial court rulings under the Act can be overly broad, financially devastating, and legally flawed. The good news: appeals can succeed in correcting these errors—but only when handled by counsel who understands both appellate law, the business realities at stake and how misinterpretation can affect commerce in Washington State.
What the Silenced No More Act Does
Enacted in 2022, RCW 49.44.211 invalidates provisions in employment, settlement, or independent contractor agreements that prohibit disclosure of conduct reasonably believed to be:
- Discrimination
- Harassment
- Retaliation
- Wage-and-hour violations
- Sexual assault
Key provisions:
- Retroactive application: The law applies even to agreements predating June 9, 2022, except for certain settlement agreements (RCW 49.44.211(2)(b)).
- Penalties: Employers found in violation face damages of at least $10,000 per violation—or actual damages if greater—plus attorneys’ fees and costs (RCW 49.44.211(3)).
- Exceptions: Employers may still lawfully protect trade secrets, proprietary information, and nondisclosure of settlement amounts (RCW 49.44.211(5)(a)).
How Businesses Are Being Targeted
Although the law is intended to ensure accountability for unlawful workplace conduct, plaintiffs’ attorneys are increasingly stretching RCW 49.44.211 to target businesses unfairly.
- Challenging standard confidentiality provisions – Businesses routinely use NDAs to protect trade secrets and proprietary data. These protections remain lawful under RCW 49.44.211(5)(a), yet plaintiffs frequently claim even ordinary clauses are void, forcing costly litigation.
- Recasting routine disputes as “silencing” claims – Because the statute guarantees recovery through statutory damages and fee-shifting, plaintiffs’ lawyers often reframe basic contract or employment disputes under the Act to pay for attorney fees for lawsuits that should have never been brought by aggressive attorneys targeting hard working businesses.
- Overreaching with retroactivity – The law’s retroactive language (RCW 49.44.211(2)(b)) is being pushed to the extreme, with attempts to invalidate agreements signed years before the Act’s passage—even where legislative carve-outs should apply.
These tactics turn what should be narrow statutory protections into broad litigation weapons, exposing businesses to unnecessary liability and reputational damage.
Why Appeals Matter
Appellate courts in Washington play a critical role in reining in overreach under the Silenced No More Act. Businesses should not accept trial court rulings at face value when:
- Confidentiality clauses protecting legitimate trade secrets or settlement amounts are voided
- Retroactive enforcement is misapplied
- Damages and attorneys’ fees are inflated beyond statutory boundaries
An appeal may not only reverse a damaging ruling but also set favorable precedent that protects your business—and other businesses—against future misuse of the statute.
Why Your Business Needs Experienced Appellate Counsel
Not all appellate lawyers understand how consumer-protection statutes intersect with commercial realities. At Tomlinson Bomsztyk Russ, we combine business litigation experience with appellate advocacy to give companies the strongest defense possible.
Here’s why businesses trust us with their appeals:
1. Business-first strategy – We know how to explain why standard business practices should not be mistaken for unlawful silencing.
2. Deep statutory knowledge – We understand RCW 49.44.211’s nuances and know where trial courts often overreach.
3. Penalty mitigation – We push back against excessive damages and fee awards, keeping exposure within lawful limits.
4. Future-focused protection – Winning on appeal not only saves your case but protects your contracts and reputation moving forward.
Conclusion: Protect Your Business Today
The Silenced No More Act has become a favorite tool for plaintiffs’ attorneys to attack honest and decent Washington businesses, often unfairly to pay exorbitant attorney fees. If your company has been hit with an adverse ruling under this statute, you need to act quickly.
An appeal may be your best opportunity to reverse the damage, protect your business interests, and prevent precedent that invites more lawsuits.
Contact Tomlinson Bomsztyk Russ today to speak with experienced appellate business litigators who know how to defend businesses against misuse of Washington’s Silenced No More Act.