HB 2992 now completes these existing restrictions, namely the requirement to make copies of their competition contracts available to dismissed workers within 30 days of the termination of their competition contracts. Employers with workers residing in Oregon should consider not only adopting a policy that, at the end of each worker, makes its non-competitors available to all workers, but also an inventory of existing competition agreements and introducing strict guidelines for the maintenance and monitoring of these agreements. What can be done? There may be serious and significant consequences for the reckless executive who signs a non-compete clause. If you are faced with a new job prospect and are asked to sign a non-compete clause, speak to a lawyer. Similarly, if you are considering quitting your job and have signed a non-compete clause, you can also consult the board. There are threshold requirements that an employer must meet in order to have an enforceable non-compete clause and, in the absence of an individual, non-competition obligations may be waived. The only thing you shouldn`t do is do the ostrich and sign an agreement based on myths and not facts. Other existing restrictions under ORS 653.295 are as follows: the longest enforceable period of a non-competition agreement under ORS 653.295 is 18 months from the date of separation, and a non-compete agreement is only enforceable for (1) workers who are exempt from the minimum wage and overtime under Oregon law (p.B managers, managers, employees); (2) workers who have access to a “protective interest” of the employer (for example. Access to trade secrets or competitive trade information; and (3) workers whose annual salary and commissions, at the time of separation, exceed the average income of a family of four set by the United States Office. Employers sometimes ask their employees to sign non-competition clauses, which are contracts that can be used to prevent a worker leaving a company from engaged in business activities that would compete with the activities of their former employer. These restrictions are not unlimited; As a general rule, workers who sign a non-compete clause undertake not to be content with engaging in competing activities for a specified period of time and/or within a given geographic region.
(B) the non-competitive agreement is entered into by the employer to further advancement of the worker in good faith; While this is a positive decision for Oregon businesses, especially for companies for which customer lists are particularly important, employers should remain vigilant when it comes to proprietary information and review their policies and agreements on employee access and use of this information. James Barrett represents private and public employers in all aspects of employment disputes. He has defended clients against individual and class actions involving wage and hourly disputes, drug testing, denunciations, discriminatory actions and reprisals. He also successfully obtained termination actions to impose competition contracts against a client`s former employees. 2. No court would really tell me that I cannot work in my field because of my non-competition bans – this would effectively make me unable to make a living. It should be reiterated that non-competition prohibitions apply. You can lose valuable skills, connections and income in your area of expertise for up to 18 months. To be quite frank, the law may not care how long you have been in the industry or how much of a salary cut you will take to wait during your non-competition period. (6) Notwithstanding the points 1 b) and (d) of this section, a non-competition agreement is, for the duration of the contract, for the duration of the agreement, up to 18 months, when the employer makes the worker available to the worker, the largest for the period during which