Noncompetition agreements limit an employee from working for a competitor for a defined period of time, often within a defined field and a defined geographic scope. The use of non-competition agreements in the employment context is strictly limited in Oregon.
A non-solicitation agreement is less restrictive in that it is narrowly aimed at preventing an employee from soliciting his or her former employer’s clients or employees. Unlike a non-competition agreement, the employee is not prohibited from immediately starting work in the same industry and in the same geographic area.
Non-competition and non-solicitation agreements may or may not be enforceable, so whether you’re an employee or employer it’s best to consult with an experienced Attorney like Brad Schrock to ensure your interests are being well served. As an employer, Brad will work with you to prepare non-competition agreements and represent you in non-competition agreement disputes. As an employee, Brad will review your proposed non-compete agreement and advise you as to the enforceability of the provisions. He will also advise you as to the legal process, and represent you in court if that becomes necessary or desirable.
Click here to see the article on non-competition agreements following the “new” law that became effective January 1, 2008.
Click here to see the article on non-solicitation agreements that may still be used in circumstances under which use of a non-competition agreement may be prohibited.