Are noncompete contracts legal to give to employees after they have been employed?

I am an OR resident and have been in my position for a year and a half. I am salaried and my boss just gave me a non-compete contract to sign. I am wondering about the legalities, as that does not seem legal.

Asked on March 27, 2018 under Employment Labor Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Non-competes are legal in OR but the state has tightened restictions on their enforceability. Generally, they are limited to (a) exempt employees earning more than the median income for a family of 4 and (b) conditioning enforceability on a “bona fide advancement” (i.e. providing adequate consideration beyond an employee's continued employment). Since this can all be a bit confuding, you are advised to consult directly with a local employment law attorney who can best advise you further after reviewing all of the details of your case.


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