Is It Legally Enforceable in Oregon?

Yes. Non-solicitation agreements are legally binding in Oregon. While non-compete agreements may not exceed 18 months and are limited to a geographic area and specified activities, non-solicitation agreements are exempt from these restrictions.^[1]

Types of Solicitation to Prohibit

A non-solicitation agreement can restrict a former employee from engaging in the employer’s:

Former or current clients/customers
Former or current employees
Independent contractors
Suppliers, business associates, etc.

What to Include

What should you include in a non-solicitation agreement.

While Oregon statutes do not govern non-solicitation covenants with strict standards as they do with non-competes, it is generally considered best practice to include parameters on the following:

1. Time Restraint

The duration dictates the time period that the restrictions will be enforced. It typically begins when the employee’s job with the employer is terminated and can last from a few months to several years depending on the context.

2. Geographical Restraint

The agreement should also specify the geographical area where the individual is bound to the terms. Typically, the limitation is set to the city, county, or region where the employer is based.

3. Specific Action

Because the terms of a non-solicitation agreement is highly customizable in Oregon, the agreement should define in detail what “soliciting” entails, and whom the individual is prohibited from soliciting.