Under the current Oregon Law (ORS 653.295), a non-compete agreement is enforceable only if the following four conditions are met: 1) the employer informs the worker in a written offer of employment received at least two weeks before the worker`s first day, or the agreement is challenged in the event of promotion; (2) the worker is employed administratively, administratively or professionally; (3) the employer has a protective interest in requiring the competition incapacity agreement; and (4) The gross annual salary and commissions of the worker at the time of dismissal exceed the average family income of a family of four. In addition, the duration of a non-compete clause may not exceed 18 months from the date of the worker`s dismissal. Any period remaining on a non-compete agreement beyond 18 months is cancelled and can no longer be invoked by an Oregon court. (1) A non-competitive agreement between the employer and the worker is inconclusive and can only be applied by a court in that state if James Barrett represents private and public employers in all aspects of employment disputes. He has defended clients against individual and class actions involving wage and hourly disputes, drug testing, denunciations, discriminatory actions and reprisals. He also successfully obtained termination actions to impose competition contracts against a client`s former employees. The court found that Pelican Bay had required the former employee to sign an "employee confirmation" in which he stated that he was prepared to comply with the Pelican Bay Manual guidelines. The manual, which was added by reference, contained a confidentiality agreement that provided that Pelican Bay`s proprietary confidential information contained its client lists and that such information could not be disclosed to third parties. In addition, the Pelican Bay president had met with the former employee and personally reminded him of his confidentiality obligations - and this meeting was recalled by a written agreement. (d) "non-competition agreement": a written or oral, explicit or tacit agreement between an employer and a worker, whereby the worker accepts that the worker, alone or as a worker of another person after the termination of his employment, will not compete with the employer for the provision of products, procedures or services similar to the products , procedures or services provided by the employer for a specified period of time or in a specific geographic area. [1977 v.646 No. 2; 1983 c.828 No. 1; 1985 v.565 85; 2005 v.22 459; 2007 c.902 No.
2; 2015 c.429 No. 1; 2019 v.121 There may be serious and significant consequences for the reckless executive who signs a non-competition clause. If you are faced with a new job prospect and are asked to sign a non-compete clause, speak to a lawyer. Similarly, if you are considering quitting your job and have signed a non-compete clause, you can also consult the board. There are threshold requirements that an employer must meet in order to have an enforceable non-compete clause and, in the absence of an individual, non-competition obligations may be waived. The only thing you shouldn`t do is do the ostrich and sign an agreement based on myths and not facts. HB 2992 now completes these existing restrictions, namely the requirement to make copies of their competition contracts available to dismissed workers within 30 days of the termination of their competition contracts. On May 14, 2019, Oregon Governor Kate Brown, who signed HB 2992, requires an employer, as of January 1, 2020, to have a dismissed worker submit to a signed written copy of his non-compete commitment within 30 days of his termination date. Otherwise, the Oregon State Agreement will be non-applicable and non-applicable. If you are accused of violating a non-compete agreement, a Portland employment law officer can advise on their best course of action and help you defend yourself.