This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.
Oregon Post-Employment Restrictions on Competition are laws and regulations that govern the limitations employers can impose on their former employees in order to protect their business interests. These restrictions are aimed at preventing employees from using the knowledge, skills, and confidential information gained during their employment to compete against their former employers, or to disclose such information to a competitor. One type of post-employment restriction commonly found in Oregon is the non-compete agreement. Non-compete agreements are contractual agreements between employers and employees, where the employee agrees not to engage in similar employment or start a competing business within a specific geographic area for a certain period of time after leaving the employer. These agreements must meet specific legal requirements to be enforceable. Another type of post-employment restriction is the non-solicitation agreement. This agreement prohibits former employees from soliciting clients or customers of their former employer for a defined period of time. Non-solicitation agreements are typically used when the employer wants to prevent the former employee from poaching clients and diverting business away from the company. Oregon's law requires that post-employment restrictions on competition must be reasonable in scope and duration to be enforceable. They should also be essential to protect the employer's legitimate interests, such as trade secrets, confidential information, or customer relationships. The restrictions must not deprive employees of the ability to find new employment or create an undue burden on their livelihood. In recent years, Oregon has introduced legislation to restrict the enforceability of non-compete agreements further. The state now prohibits non-compete agreements for certain low-wage employees and limits the enforceability of non-compete agreements for other employees, including imposing a maximum duration of 18 months and requiring employers to provide additional consideration beyond employment in exchange for signing the agreement. It is important for employers and employees in Oregon to understand their rights and obligations regarding post-employment restrictions on competition. Seeking legal advice to draft or review these agreements is crucial to ensure compliance with Oregon's ever-changing laws and to protect the interests of both parties involved.
