Quick Facts — Noncompete Agreement Lawyers (Oregon)

Is a Non-Compete Agreement Enforceable in Oregon?

Yes. In Oregon, non-compete agreements can be used to protect an employer’s business interests against a former employee. However, in January of 2022, new laws were enacted in Oregon that placed further restrictions on non-compete agreements. Some of these new restrictions include:

  • Non-compete agreements are limited to twelve months in duration.
  • To enter a non-compete agreement, the employee must make at least $100,533 annually and this number will be adjusted to reflect current inflation rates.
  • Employers must provide employees with the non-compete agreement at least two years before employment begins.
  • Employers must provide the employee with a copy of the non-compete agreement within 30 days following the employee’s termination.
  • The contract must protect a legitimate business interest.
  • The employee entering the non-compete must be engaged in administrative, executive, or professional work using discretion and independent judgement.
  • The employee entering the contract must be paid on a salary basis.
  • There must be proof that the employee entering the agreement has access to trade secrets or confidential information.
  • Broadcasting employees are exempt from non-compete agreements.
  • Attorneys are exempt from non-compete agreements.

If a non-compete agreement violates one of these requirements, it will be unenforceable under Oregon law.

What are Protectable Business Interests in Oregon?

Oregon statutes have laid out what types of business information are protectable and fall within the scope of the new non-compete laws. Protectable business interests include:

  1. Trade secrets. Information including cost data, customer lists, formulas, patterns, programs, devices, methods, or techniques that derive independent economic value and the employer has taken reasonable efforts to maintain its secrecy.
  2. Confidential information. Any other confidential business or professional information that does not fall within the definition of a trade secret like product development plans or marketing strategies.

Is the Oregon Non-Compete Law Retroactive?

No. The new non-compete laws passed in Oregon in 2022 are not retroactive. Any valid non-compete agreement that was entered into prior to January of 2022 will still be valid under the old laws and regulations.

How Long Does an Oregon Non-Compete Agreement Last?

Under the new laws, a non-compete agreement in Oregon cannot exceed twelve months. This time will begin when employment is terminated. In addition, the non-compete agreement should also lay out a reasonable geographic boundary.

How Do You Get Around a Non-Compete Agreement in Oregon?

When a non-compete agreement is part of an employee contract, it must adhere to three essential rules. If an employee can prove that the contract violates one of these rules, the contract will be deemed unenforceable. The three essential rules are:

  1. There must be a specified duration and geographic boundary.
  2. The agreement must be supported by adequate consideration.
  3. The agreement must be reasonable in that it is only as restrictive as necessary to protect the employer.

Under Oregon law, continued employment is not adequate consideration for a non-compete agreement. Employees must be presented with some type of advancement to support sufficient consideration.

Advancements can include additional duties and responsibilities, a new job title, or a change in pay and benefits. A change in pay alone will not be enough to satisfy the requirements of advancement.

What Voids an Oregon Non-Compete Agreement?

An Oregon non-compete agreement will be void if it does not adhere to the new laws and regulations governing non-compete agreements. In addition, non-compete agreements like all contracts must follow the basic rules that dictate contract formation.

Any contract that is not entered into voluntarily will be void. If an employee signs a non-compete agreement under coercion or threat, it cannot be forced. Similarly, if an employer uses fraud or false pretenses to entice an employee into signing a non-compete the contract will be void and unenforceable.

Frequently Asked Questions

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Jim B. on ContractsCounsel
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Jim B.

Managing Partner, Business Lawyer
Free Consultation
Portland, Oregon
24 Yrs Experience
Licensed in OR
Southern Illinois University

Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.

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Alexander M. on ContractsCounsel
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Alexander M.

Lead Attorney
Free Consultation
Tampa, Florida
3 Yrs Experience
Licensed in OR FL
Mitchell Hamline School of Law

Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.

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Shanon G.

Attorney
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Lake Oswego, Oregon
25 Yrs Experience
Licensed in OR ID
Oklahoma City University Law School

Have experience in contract, family law, municipality work, criminal defense, litigation, some wills and estates as well. Been practicing law for over 22 years.

McCoy S. on ContractsCounsel
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McCoy S.

Founding Attorney
Free Consultation
Portland, Oregon
35 Yrs Experience
Licensed in OR CA, NY, WA
University of Virginia

P. McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law firm based in Portland, Oregon, U.S.A and Opsequio LLC, an open source compliance consultancy. Prior to his current position, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a business unit intellectual property specialist; among his duties was setting up the free & open source legal function and policies for that company. He preceded his in-house experience with 8 years in private practice in a large New York City-based boutique intellectual property law firm, working simultaneously as a U.S. patent litigator and U.S. patent prosecutor. He was also a patent examiner at the U.S. Patent & Trademark Office prior to attending law school. He is licensed to practice law in Oregon, California & New York and to prosecute patent applications in the U.S. Patent & Trademark Office; he is also a registered Trademark and Patent Agent with the Canadian Intellectual Property Office. He has degrees from Colorado State University (Bachelor of Science, Mechanical Engineering, with honors), Johns Hopkins University (Masters of Liberal Arts) and the University of Virginia (Juris Doctor). While in private practice, and continuing into his in-house career, he taught portions of the U.S. patent bar exam for a long-standing and well-known patent bar exam preparation course, and from 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is the author or co-author of chapters on open source and copyright and patents in “Open Source Law, Policy & Practice” (2022, Oxford University Press). He lectures frequently around the world on free and open source issues as well as other intellectual property topics.

Alexander C. on ContractsCounsel
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Alexander C.

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Tampa, Florida
6 Yrs Experience
Licensed in OR AZ, IA, IN, MD
The George Washington University Law School

I am a solo practitioner that runs my own legal practice. I am currently licensed in 16 states and I'm working to expand that reach.

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Neil R.

Partner/Shareholder
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Hood River, OR
39 Yrs Experience
Licensed in OR CA, WA
University of Pennyslvania (JD)

Neil Rust is a transactional attorney with almost four decades of experience ranging across a broad range of fields, including M&A, finance, structured finance, VC and general corporate. Before moving to Oregon, Mr. Rust was a partner at the Los Angeles office of an international law for 26 years and the Century City office of a national law firm for 5 years. During his big firm tenure, Neil Rust gathered experience across multiple industries and enjoys counselling clients as much as drafting and negotiating.

Grace C. on ContractsCounsel
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Grace C.

Intellectual Property & Transactions Attorney | SaaS, Licensing, NDAs, Brand Protection & AI Contracts
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Issaquah, WA
6 Yrs Experience
Licensed in OR WA
Seattle University School of Law

I’m Grace E. Carlson, an intellectual property & transactional attorney, founder of aTMospheric IP, LLC, with over 6 years of combined law firm and in-house experience. I help businesses, startups, creators, and entrepreneurs draft, review, and negotiate commercial contracts while protecting their brands and innovations. My expertise includes SaaS agreements, MSAs, NDAs, licensing contracts, vendor and partnership agreements, as well as comprehensive trademark strategy, copyright matters, AI-related IP issues, and technology transactions. I’ve supported global companies including Robinhood, Iron Mountain, and Microsoft, and provided flexible in-house counsel through Axiom Law across fintech, SaaS, consumer goods, and data center industries. Known for translating complex legal issues into clear, practical solutions, I focus on delivering contracts that reduce risk, support go-to-market strategies, and scale with your business. Whether you need a custom SaaS agreement, trademark-integrated contracts, or AI compliance review, I provide responsive, business-minded counsel. Bar Admissions: Washington (2020) & Oregon (2021) J.D., Seattle University School of Law Let’s get your contracts and IP protections done right — efficiently and effectively.

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Employment

Noncompete Agreement

Connecticut

Asked on Aug 1, 2023

Noncompete agreement and change of control?

I recently accepted a new position with a company that has requested that I sign a noncompete agreement. I understand the agreement and the limitations it puts on me, but I am concerned about how the agreement would be affected if the company is sold or changes ownership in the future. I would like to understand my legal rights in the event of a change of control.

Thomas L.

Answered Aug 4, 2023

If the future company buys the equity of your current employer, the Non-Compete continues in effect. If the future company buys the assets, the Non-Compete is terminated. I would request a sentence be added to the effect that "if there is a change of control of the Company (meaning more than 50% of the equity interest or 50% of the voting equity control) is sold or transferred, then this Non-Compete Agreement is terminated.

Read 1 attorney answer>

Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?

I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?

Matthew S.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

Florida

Asked on May 21, 2023

Noncompete agreement for consultants?

I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.

Venus C.

Answered May 30, 2023

Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.

Read 1 attorney answer>

Employment

Noncompete Agreement

New York

Asked on Jun 4, 2023

Noncompete agreement and industry restrictions?

I recently signed a Noncompete Agreement with my current employer. I am looking to explore other opportunities in my industry and want to know what restrictions my noncompete agreement might have on me. I am interested in understanding the limitations of the agreement and if there are any potential implications of taking a job in the same industry.

Danielle G.

Answered Jul 11, 2023

In order to ascertain the limitations and implications, you would need to review the specific language of the agreement. If the non-compete is very broad, it's possible it would not be enforceable. In New York, for a non-compete agreement to be enforceable, it must be for a reasonable period of time and limited geographic scope. It also must protect the employer's legitimate interest. For example, the restrictions must protect confidential information or specialized skills you gained while on the job, or some other legitimate interest. If the agreement goes beyond those limitations, a court could find the non-complete to be unreasonable and unenforceable, in whole or in part. As to what restrictions your specific non-compete imposes (and the reasonableness of those restrictions), you would need to look at the specific language in the agreement. If you are unsure about the limitations, you should seek advice of counsel to help decipher the extent it would apply to your industry in general, and the likelihood it would be enforceable in court.

Read 1 attorney answer>

Employment

Noncompete Agreement

Washington

Asked on Jul 11, 2023

Noncompete agreement termination options?

I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.

Merry K.

Answered Aug 15, 2023

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

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