Oregon Sample Noncompetition and Nonsolicitation Agreement

State:
Multi-State
Control #:
US-C-9200
Format:
Word; 
Rich Text
Instant download

Description

This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
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FAQ

A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.

I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and

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.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

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.

Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.

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.

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.

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

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.

More info

Notice Requirements · The Oregon noncompete statute, ORS 653.295, currently provides that a noncompete agreement must have proper prior notice in ... Before the amendment, nonconforming agreements are merely ?voidable,? and Oregon courts have interpreted the statute to require employees to ...Legal Requirements for Non-Competition AgreementsIn order to be considered valid, a non-competition agreement must:Non-competition ... Three Common Myths about Noncompetition Agreements in Oregonexecutives have about the noncompete they signed in the stack of new hire paperwork. Under current Oregon law (ORS 653.295), a non-competition agreement is not enforceable unless the following four requirements are met: (1) ... Because laws vary by state, employee location makes a difference in how to write and enforce these agreements. Changes in the remote workforce landscape can ... compete agreement bars a former employee from competing against a former employer for a specified amount of time. If the employee, for example, had worked ... A covenant not to compete, also called a "nompete agreement" or "nonFor example, the noncompete clause can prevent the employee from bringing her ... Non-compete agreement document for filling and signing on desk stock By Janet A.In May, Oregon passed legislation to curtail the use of ... In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not toThe study also showed that the Oregon ban on noncompete agreements for ...

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Oregon Sample Noncompetition and Nonsolicitation Agreement