The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Oregon Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
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Multi-State
Control #:
US-00046
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Word;
Rich Text
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FAQ
Non-Solicitation of Clients Agreements and Oregon Law What this means is that often times savvy employers will include these agreements in contracts rather than including a non-compete agreement, because non-solicitation agreements are much more enforceable and often achieve the same goals of the employer.
Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
And the use of a confidentiality agreement means that those who receive the information are obligated to maintain the information in secret, which legally prohibits that disclosure subject to an agreement from being a general disclosure that would defeat a trade secret.
Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.
Under Oregon law, in order for a non-compete to be enforceable, the non-compete must be entered into upon a subsequent bona fide advancement. This means that the no-compete either needs to be entered into either at the start of employment, or with additional consideration, such as a promotion or pay increase.
Under Oregon law, in order for a non-compete to be enforceable, the non-compete must be entered into upon a subsequent bona fide advancement. This means that the no-compete either needs to be entered into either at the start of employment, or with additional consideration, such as a promotion or pay increase.
compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.
A restriction in the contract of employment preventing you from working for a competitor after leaving your current employment is called a 'restrictive covenant' or 'restraint of trade' clause.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.