Does a duration need to be specified in a non-solicitation agreement?

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Does a duration need to be specified in a non-solicitation agreement?

I was let go by my employer this past year and I had signed a non-disclosure/non-solicitation agreement during my employment. There is no term specific in the agreement, so I am trying to figure out how long this will last and is it valid.

Asked on January 9, 2019 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If no duration is specifically listed in the agreement, if this goes before a court (e.g. if the employer sues to enforce it), the court will impute a reasonable duration. That is (rough rule of thumb) somewhere between 6 months and 1 year, depending on employee level (generally the higher level you are, the longer), unless the employee received some payment or compensation over and above his/her job for signing the agreement (like a company founder, signing a noncompete as part of selling a business, or someone being given a large bonus if they sign), in which case it may be significantly longer--possibly several years.


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