Oregon Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Oregon)
- Avg cost to review a Non-Compete Agreement: $400.00
- Lawyers available: 28 Oregon employment lawyers
- Clients helped: 8 recent noncompete agreement projects in Oregon
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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:
- 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.
- 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:
- There must be a specified duration and geographic boundary.
- The agreement must be supported by adequate consideration.
- 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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Meet some of our Oregon Noncompete Agreement Lawyers
Jim B.
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.
"Great person to work with. He helped gain a better understanding of my own business."
Alexander M.
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.
"I highly recommend him! He prepared an entire prenuptial agreement for us in just a few hours, and we even had direct communication later in the evening to make sure everything was completed properly. He was extremely responsive, professional, and efficient throughout the entire process. Without a doubt, I would recommend him to anyone looking for a reliable and dedicated attorney."
Grace C.
Grace C.
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.
"Grace was very easy to work with on this project. Extremely knowledgeable about the topic and gave great advice. Grace gave us a product that we are able to implement quickly! Thank you for your hard work!"
June 28, 2023
Shanon G.
Have experience in contract, family law, municipality work, criminal defense, litigation, some wills and estates as well. Been practicing law for over 22 years.
December 4, 2023
McCoy S.
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.
August 23, 2025
Alexander C.
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.
Neil R.
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.
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Employment
Noncompete Agreement
New York
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.
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.
Employee Rights
Noncompete Agreement
New York
Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?
I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?
Damien B.
Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.
Employment
Noncompete Agreement
New York
Noncompete agreement breach consequences?
I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.
Gregory F.
I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.
Employee Rights
Noncompete Agreement
Texas
Noncompete agreement and moonlighting?
I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.
Curt L.
If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.
Employment
Noncompete Agreement
Missouri
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.
No, this at worst is a civil matter and not a criminal matter. F
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