Oregon Noncompetition Agreement - Small Business
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FAQ
When employers obtain Non-Competes with long-standing employees without providing anything of value in return, they are obtaining an unenforceable agreement. In many cases, the business is in a worse predicament than not having a Non-Compete, since it is relying on an agreement that is not legally enforceable.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
Noncompete agreements are traditionally disfavored for two reasons: (1) the policy that an employee should be free to sell his or her own labor at will; and (2) the public interest in unimpeded trade.
Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.
Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.
Non-Solicitation of Clients Agreements and Oregon Law What this means is that often times savvy employers will include these agreements in contracts rather than including a non-compete agreement, because non-solicitation agreements are much more enforceable and often achieve the same goals of the employer.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Maximum length of an Oregon non-compete agreement Under the existing Oregon law, non-competition agreements cannot exceed 18 months. The amendments reduce the maximum term to 12 months.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Under Oregon law, in order for a non-compete to be enforceable, the non-compete must be entered into upon a subsequent bona fide advancement. This means that the no-compete either needs to be entered into either at the start of employment, or with additional consideration, such as a promotion or pay increase.
