An Oregon non-compete agreement is a written contract devised by an employer in order to restrict an employee’s future employment after they have been terminated. A typical non-compete prohibits an employee from starting a business or working for a company in a field/industry that would be in competition with their previous employer. Furthermore, non-solicitation clauses are usually included in the contract to prevent the employee from soliciting the company’s clients, customers, contractors, and other employees. For a non-compete agreement to remain enforceable after the employee is terminated, the terms and conditions must be reasonable and is restricted only to the point of protecting the employer’s business interests without damaging the employee’s livelihood. Oregon’s laws regarding non-compete agreements are extensive and provide very strict parameters with which an employer has to work while drafting a non-compete. In short, a non-compete agreement will be enforceable and valid if:
- the individual is an employee as classified under § 653.020;
- employee has access to trade secrets, confidential information, or is an on-air talent in broadcasting; and
- compensation is provided for the employee during the time they are restricted from working (at least 50% of annual gross salary or 50% of median four-person family income).
Laws – § 653.295
Non-Compete Limit – 18 months (§ 653.295(2))
Non-Solicitation Limit – Not specifically mentioned.