Unless a lawyer for his client has established a contract form to address the particulars of a particular business situation in relation to a given position, it is not certain to use a non-competitive form or a form of confidentiality agreement. If it is worth using a non-competitive person, it is worth reaching an appropriate agreement. 1. A non-competitive agreement between the employer and the worker is null and forthcoming and can only be applied by a court in that state: if: the last round of amendment of the statute, found in The Senate Act 248 passed on June 27, 2007 by the Oregon legislature and signed by Governor Kulongoski on August 6, 2007 , significantly limits the applicability of non-compete agreements in Oregon. Early English cases found non-competition restrictions as trade restrictions scandalous, as the courts found it revolting to force an employee to leave a village or commune to earn enough income to feed his family.1 Subsequently, the English courts antles their position and maintained such restrictions only if they were time-limited. , in space and geographically.2 According to the “rule of reason” for a non-compete clause to be enforceable, it must not be broader than what is necessary to protect the employer`s business and must not be restrictive enough to allow a former worker to support himself. This law provides that the worker must be informed of the condition at least 2 weeks before employment or of a change in good faith. However, the notification requirement should not be construed as the need to conclude the agreement at the beginning of the employment. This requirement consisted of previous jurisprudence and is rather fundamental to the notion of consideration exchanged for restriction. With respect to ORS 653.295 (4), there is an exception that provides that bonus-limiting agreements that limit post-employment bonus duties may impose certain restrictions on competition. However, this exception is narrow and applies only to premium limitation agreements after 1983.
(e) within 30 days of the worker`s termination, the employer provides the worker with a written copy signed of the terms of the competition agreement. (a) bonus limitation agreements, which are legitimate agreements that can be enforced by the state`s courts; Or states have recently adopted similar restrictions on non-competition, including Washington, which passed a strict law in May. Like Oregon, the Washington law will require early disclosure of new employees, which will limit the duration to 18 months after employment and exclude uns requested agreements, confidentiality agreements, inventions and trade secrets. Finally, the bill provides that a non-competitive agreement is not applicable, unless the employee`s salary, plus commissions at the time of termination of employment, exceeds the average family income of a family of four, as determined by the U.S. Census Office. This provision does not apply if the exemption applies to the talents of the air-gifted. If a binding arbitration procedure is desired as a method of dispute resolution, there must be proper arbitration provisions in the agreement. Arbitration can go faster than litigation and it can be cheaper to settle disputes through arbitration.