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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Massachusetts Non-Compete Clause in Employment (1099) contract Review
  • Massachusetts
  • 5 lawyer bids
  • $250 - $795
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California Review non-compete and proprietary invention agreement Review
  • California
  • 7 lawyer bids
  • $495 - $1,500
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California Non-Compete agreement Review
  • California
  • 5 lawyer bids
  • $350 - $400
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Nevada I have two non competes that needs review, one on rollover shares and as a retired officer Review
  • Nevada
  • 3 lawyer bids
  • $400 - $500
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Florida Review Noncompete Agreement Review
  • Florida
  • 8 lawyer bids
  • $240 - $700
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Illinois confidentiality and non-compete agreement review Review
  • Illinois
  • 6 lawyer bids
  • $599 - $850
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Jason P. on ContractsCounsel
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Jason P.

Business Lawyer
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Portland, OR
10 Yrs Experience
Licensed in OR WA
Lewis & Clark Law School

Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: ​ -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions ​​ In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.

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Curt B.

Managing Partner
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Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.

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Jim B.

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Portland, Oregon
24 Yrs Experience
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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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Jessica Molligan is an attorney with twenty years of experience in family law, bankruptcy, and litigation.

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Shanon G.

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

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Hao L.

Partner
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Miami, Florida
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Golden Gate University School of Law

Hao Li is an attorney at Finberg Firm PLLC, admitted in Florida, Minnesota, and Oregon. His Florida practice includes business and civil matters, tax, estate planning and probate, and family law. He also handles U.S. immigration matters. Services depend on the governing jurisdiction and scope of engagement.

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McCoy S.

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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.

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Lawyer Reviews for Oregon Noncompete Agreement Projects

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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).

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

California

Asked on May 21, 2023

Noncompete agreement time restrictions?

I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.

Gagandeep K.

Answered May 30, 2023

The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.

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Employment

Noncompete Agreement

Washington

Asked on Jul 25, 2023

Noncompete agreement and public policy?

I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.

Merry K.

Answered Aug 8, 2023

If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.

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Employee Rights

Noncompete Agreement

California

Asked on Sep 12, 2022

i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

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Employee Rights

Noncompete Agreement

Texas

Asked on Jun 3, 2023

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.

Answered Jun 6, 2023

If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.

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