Noncompetition Agreements

Many employers require certain employees to sign agreements not to compete with the employer for a period of time (usually a year to two) after leaving employment. These agreements are intended to protect legitimate business interests of the employer, but can stifle economic growth by preventing skilled employees from working where they’re most effective.

Existing Oregon law makes noncompetition agreements unenforceable unless entered into upon initial employment or subsequent advancement. Senate Bill 248 (2007/2008) adds requirements that the employee: (1) be notified at least two weeks before the initial employment that such an agreement will be required; (2) be paid a salary to perform creative, administrative, or managerial work; (3) have access to trade secrets or competitively sensitive information; and (4) be paid at least the median income for a family of four.