Legal Question in Employment Law in Oregon

Are there restrictions on non-compete agreements in Oregon?

I am considering starting my own business, but am concerned about the 3 year non-compete agreement I signed with my Oregon employer. I work in the internet finance industry, primarily banking. Is the agreement enforceable for 3 yrs? If my employer is a product company, and I start my own consulting business in the same industry, is that sufficiently different?


Asked on 7/25/00, 1:59 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Re: Are there restrictions on non-compete agreements in Oregon?

Noncompete clauses (technically, restrictive covenants) cannot be analyzed in the absence of all the facts and circumstances involved in the execution of the agreement, the nature of the end of the employment relationship, etc. A noncompete agreement is void unless entered into at the time of initial employment or upon bona fide advancement within the company. Otherwise, they are enforceable only if reasonable under the circumstances in geographic scope, duration, and scope of limitations. Also, inequitable conduct by the employer may affect enforcement. I usually look at a number of factors to determine whether a noncompete is likely to be enforced or not. Basically, be aware that noncompetes are complex matters that cannot be analyzed in a vacuum. Seek specific legal advice.

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Answered on 9/13/00, 1:28 am


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