Oregon Sample Noncompete and Confidentiality Clauses

State:
Multi-State
Control #:
US-AHI-053
Format:
Word
Instant download

Description

This form contains samples of non-compete and confidentiality clauses. These clauses can be included in the employees paperwork.

How to fill out Sample Noncompete And Confidentiality Clauses?

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FAQ

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.

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.

Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.

Important Terms to Include in Non-Compete AgreementsTime and Geographic Scope.Tolling of Non-Compete Period.Protectable Interests, Injunctive Relief, Attorneys' Fees, and Costs.Choice of Law and Forum Selection.Assignment.Material Job Changes.Right to Inform New Employer.

- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship.

Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)

Under the existing Oregon law, non-competition agreements cannot exceed 18 months. The amendments reduce the maximum term to 12 months.

A traditional non-compete stops an employee from working for a competitor in a certain geographical area for a certain amount of time after leaving the company. A non-solicitation agreement prevents an employee from poaching customers, contracts or other employees from the company that first hired them.

By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

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Oregon Sample Noncompete and Confidentiality Clauses