Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
Oregon Employee Restrictive Covenants
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How to fill out Employee Restrictive Covenants?
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FAQ
Most written Oregon employment agreements include restrictive covenants. Noncompetition, nonsolicitation (of customers, employees, or contractors), and confidentiality or nondisclosure provisions are the most common contractual restrictive covenants in Oregon.
Exceptions: In general, employers may only enforce a noncompetition agreement with an employee who is not exempt or does not meet the minimum annual salary and commission requirements when the employer agrees in writing to pay either 50% of the employee's annual base salary plus commissions at termination or 50% of ...
Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...
The Oregon Supreme Court confirmed that ORS § 30.40(2) requires the trial court to sever the invalid parts (i.e. use its blue pencil) of an indemnity clause from those parts that violate ORS § 30.14(1), but give effect to the remainder of the provision.
ORS 653.295. For the provisions of a noncompetition agreement to be valid, the statute generally requires that the total amount of the employee's annual gross salary and commissions at the time of the employee's termination must exceed a minimum amount.
Apart from the "covenant hostile state" issue discussed above, the majority of jurisdictions within the US (either by statute or case law) will enforce restrictive covenants to the extent they are "reasonable" under the circumstances.
Similar to its neighbor to the north, Oregon enacted a statute in March 2022 that imposes prohibitions on employee non-disclosure agreements. The Oregon law, which becomes effective in January 2023, prohibits employers from requesting confidentiality about both the amount and fact of any settlement.
Expansion to Oregon's Workplace Fairness Act Effective January 1, 2023, additional restrictions on settlement and severance agreements include language that prevents a non-disparagement provision as related to sexual assault or harassment claims.
