An employment contract may state the amount of liquidated damages to be paid if the contract is breached. Upon a party's breach, the other party will recover this amount of damages whether actual damages are more or less than the liquidated amount.
If the agreed-upon liquidated damage amount is unreasonable, the Court will hold the liquidated damage clause to be void as a penalty. If the Court declares the clause to be void, the employer would have to prove the actual damages.
The Oregon Liquidated Damage Clause in an employment contract is a specific provision that addresses the consequences of a breach by an employee. This clause seeks to establish a predetermined amount of damages that the employee will be required to pay to the employer in the event of a breach of the contract. In Oregon, there are a few different types of Liquidated Damage Clauses that can be included in an employment contract to address breaches by employees: 1. General Liquidated Damage Clause: This type of clause stipulates a specific amount of money that the employee agrees to pay the employer as compensation for breaching the contract. The purpose of this provision is to provide certainty to both parties regarding the financial consequences of a breach. 2. Non-Compete Agreement Liquidated Damage Clause: Oregon allows employers to include non-compete agreements in employment contracts, which restrict the employee from working for a competitor or establishing a competing business for a specified period of time. A Non-Compete Agreement Liquidated Damage Clause establishes a predetermined amount that the employee must pay if they breach this non-compete provision. 3. Confidentiality Agreement Liquidated Damage Clause: Many employment contracts in Oregon contain confidentiality agreements that require employees to maintain the confidentiality of certain information related to the employer's trade secrets, proprietary information, or other sensitive data. A Confidentiality Agreement Liquidated Damage Clause establishes the amount that the employee must pay if they disclose or misuse confidential information in violation of the agreement. 4. Intellectual Property Agreement Liquidated Damage Clause: In cases where an employee is involved in creating intellectual property or inventions during their employment, an Intellectual Property Agreement Liquidated Damage Clause can be included in the contract. This clause specifies the damages the employee must pay if they infringe upon the employer's intellectual property rights or fail to assign ownership of such creations to the employer. It's important to note that Oregon law imposes limitations on the enforceability of Liquidated Damage Clauses, especially if they are deemed to be a penalty rather than a reasonable estimate of the actual damages suffered by the employer. Therefore, employers should carefully draft these clauses with the help of legal counsel to ensure their compliance with Oregon employment laws.The Oregon Liquidated Damage Clause in an employment contract is a specific provision that addresses the consequences of a breach by an employee. This clause seeks to establish a predetermined amount of damages that the employee will be required to pay to the employer in the event of a breach of the contract. In Oregon, there are a few different types of Liquidated Damage Clauses that can be included in an employment contract to address breaches by employees: 1. General Liquidated Damage Clause: This type of clause stipulates a specific amount of money that the employee agrees to pay the employer as compensation for breaching the contract. The purpose of this provision is to provide certainty to both parties regarding the financial consequences of a breach. 2. Non-Compete Agreement Liquidated Damage Clause: Oregon allows employers to include non-compete agreements in employment contracts, which restrict the employee from working for a competitor or establishing a competing business for a specified period of time. A Non-Compete Agreement Liquidated Damage Clause establishes a predetermined amount that the employee must pay if they breach this non-compete provision. 3. Confidentiality Agreement Liquidated Damage Clause: Many employment contracts in Oregon contain confidentiality agreements that require employees to maintain the confidentiality of certain information related to the employer's trade secrets, proprietary information, or other sensitive data. A Confidentiality Agreement Liquidated Damage Clause establishes the amount that the employee must pay if they disclose or misuse confidential information in violation of the agreement. 4. Intellectual Property Agreement Liquidated Damage Clause: In cases where an employee is involved in creating intellectual property or inventions during their employment, an Intellectual Property Agreement Liquidated Damage Clause can be included in the contract. This clause specifies the damages the employee must pay if they infringe upon the employer's intellectual property rights or fail to assign ownership of such creations to the employer. It's important to note that Oregon law imposes limitations on the enforceability of Liquidated Damage Clauses, especially if they are deemed to be a penalty rather than a reasonable estimate of the actual damages suffered by the employer. Therefore, employers should carefully draft these clauses with the help of legal counsel to ensure their compliance with Oregon employment laws.
