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Getting around a non-compete clause can be challenging, as it depends on the specific terms outlined on the agreement. Individuals often consider using alternatives such as negotiating with the employer or finding loopholes. Consulting an attorney knowledgeable about the Oregon Sample Noncompetition and Nondisclosure Agreement can provide guidance tailored to your circumstances.
Oregon's statute prevents employers from proactively or retroactively using NDAs to cover up information relating to employment-based discrimination, harassment, and retaliation. ORS 659A. 370 promotes transparency and accountability in employment contracts, severance agreements, and settlement agreements.
Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs. It's illegal to reveal trade secrets or sensitive company information to a competitor.
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.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
Oregon State Laws This means that the employee or contractor will have access to specific information that the company considers a trade secret. Businesses have the legal right to use the court to enforce a valid NDA to protect their trade secrets.
Generally, confidentiality agreements are enforceable when they meet the general requirements of a contract.
NDAs are common across numerous industries. However, such agreements can be used to silence whistleblowers in order to keep illegal activity under wraps. Additionally, NDAs may prohibit the employee from informing the government about the existence of the NDA and the restrictions placed upon them.
Non-disclosure agreements (NDAs) and non-compete agreements, also called a non-competition agreement or covenant not to compete, have distinct purposes. Both documents, however, are restrictive covenants that limit what an employee can say or do, and (often) where they can and cannot work.
In summary, a non-compete agreement is just a one-way agreement that's designed to prevent a business from unfair competition from a former employee or contractor, while the non-disclosure agreement is often (but not always) a mutual agreement that's designed to protect private and confidential information from being