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Oregon Non-Compete Agreement Template

The Oregon Non-Compete Agreement Template enables a Business Entity a measure of protection from the possibility of unfair competition. Here, the goal will be to gain a promise of discretion from the Recipient. Oregon State Law clearly states that this document must be completed and agreed to by the Recipient before the time of hire to ensure that the employee has been apprised of the expectations of the Business Entity regarding restrictions, the time period when they are active, and the region they are active in. This paperwork will seek such definitions from the Preparer through either check box selections or direct input. After it is successfully filled out and presented, the Recipient will have these definitions as a reference for acceptable behavior. In most cases, this presentation with a binding Signature surrendered by the Recipient will serve as a preventative measure when it comes to a Company maintaining its Trade Secrets so that it may compete in a fair market place.

Non-compete agreements are governed by Section 653.295 of the Oregon Revised Statutes.

Restrictions

Non-competes entered into on or after January 1st, 2016 are voidable and may not be enforced unless the employer gives at least two weeks notice in a written employment offer that a non-compete agreement is required, enters into the non-compete on the employee’s subsequent bona fide advancement Broadcasting and On-Air Talent: Or. Rev. Stat. § 653.295

Non-compete agreements are enforceable for on-air talent in the broadcasting industry if the following requirements (in addition to the general statutory requirements) are satisfied:

  1. The employer, in the year before termination, spent an amount equal to at least 10% of the employee’s annual salary to develop, improve, train, or publicly promote the employee, if the expenses were for media that the employer does not own or control.
  2. The employer pays the employee, for the time the employee cannot work, the greater of:
    • at least 50% of the employee’s annual gross base salary and commissions at termination; or
    • 50% of the median family income for a four-person family, as determined by the most recent data available from the US Census Bureau at termination. Or. Rev. Stat. § 653.295(1)(c)(C)

Laws§653.295

How to Write

1 – Furnish The Introduction With The Requested Information

This paperwork’s introduction will make up article “1. Purpose.” The language presented is standardized to apply to the Disclosing Party’s intentions and the Recipient Party’s compliance however the identities of both these entities must be supplied. The disclosing Company’s Legal Name should be presented on the first blank space.  Continue this report by supplying the Recipient’s Full Name on the next available space.  

 

2 – The Company’s Security Issues Must Be Addressed And Defined

The “2. Non-Compete/Disclosure” article will be where the Recipient’s restraints are determined and reported.  Several statements bearing a label and check box have been presented in this article for this purpose. It will be up to the Preparer to select each statement the Recipient must comply with and leave each statement that should not apply unchecked. This section will allow the Company to restrict the Recipient from performing certain “Business Practices,” engage with its “Client/Customers,” avoid doing business with its “General Competitors,” refrain from doing business with the “Specific Competitor(s)” the Preparer names in the fourth statement, and not conduct relations with its “Employees.”

3 – The Life Span Of These Conditions Must Be Defined

The impositions listed above can only exist temporarily. This means it will have to be defined by entering how long it will remain in effect after it becomes Effective. This can be reported as the number of months or number of years/months on the blank space in “3. Time Period.” Then, choose one of the last two statements to indicate which of the listed events will catalyze this agreement into effect. Selecting the first check box statement will name this agreement’s Execution Date while selecting the second check box statement will name the end of the Company’s business relationship with the Recipient as the Start Date. Choose one of these statements by marking the appropriate check box.The time period when this Company’s restrictions can be interrupted at the Recipient’s discretion upon a payment of a predetermined amount of money to the issuing Company. This is option can be either provided by the Company or not, depending on the nature of its security concerns. Mark the first check box statement in “4. Purchase Option,” if the Company will consider terminating this agreement upon such payment. This choice will also require the payment amount to be recorded on the blank spaces provided.If this option is not available and the Company expects the Contract Recipient to observe and maintain confidentiality over the company’s information, then select the second box in “4. Purchase Option.”

5 – The Company’s Effective Region Must Be Reported For Effect

The Company will no doubt wish the Recipient refrain from competing against it with its own information in its own geographical region. That is where its clients and customers are located. This paperwork will need a definition as to where precisely these conditions apply and which court system will be used to enforce its terms. Use the blank space in “5. Jurisdiction” to report each City or Region and State where these terms will be Effective.

6 – This Agreement Can Only Be Validated Through Its Signature Parties

The Signature Parties entering this agreement must do so before their professional relationship begins. Therefore, an official Date of Execution must be supplied on this contract to show this was done. Locate the section under the bold words “13. Entire Agreement.” The last statement in this article (“In Witness Whereof…”) shall allow the documentation of this contracts Execution Date. It should be reported across the three available spaces as a Calendar Day, Month, and Year.

The last portion of this contract will be divided into two sections: “The Company” and “Recipient.” Both parties must satisfy these sections on the Execution Date. The bottom left hand corner, “The Company,” must have the “Signature,” “Printed Name and Title,” and “Date” lines satisfied with the Company Authorized Representative’s Signature, Printed Name and his or her role with the Company, and Date of Signature (respectively).

The Recipient of this contract must Sign and Print his or her Name on the first two blank spaces (“Signature” and “Print Name”) then, Date his or her Signature on the line labeled “Date”


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