Noncompetition law in the context of employment (including independent contractor status) has the following general guidelines and is quite limited. The Washington legislature has defined a noncompetition covenant (or provision) to mean one in which an employee or independent contractor is prohibited or restrained from engaging in a lawful profession, trade, or business of any [...]
The Oregon legislature made some important changes to the statute governing noncompetition agreements in employment (ORS 653.295). These apply from 2022 forward. From 2022, agreements that do not meet the “criteria” are void instead of only voidable. This means the employee does not have to take extra steps to elect to void the agreement. Further, [...]
A very powerful weapon exists in Oregon law in the form of an anti-SLAPP motion. The anti-SLAPP motion can tilt the tables against the deep pocket company, and can put a quick end to certain frivolous claims. “SLAPP” stands for “strategic lawsuits against public participation.” The statute is designed to provide for easy dismissal of [...]
1. Introduction A noncompetition agreement in the employment context is a contract under which the employee agrees not to compete against the employer for a specified period, usually within a specified geographic area. Although a noncompetition agreement can be a separate agreement, non-competition clauses are sometimes part of a broader contract. The use of the [...]