Abstract:
This Comment analyzes the recently enacted noncompete
agreement statute and its potential implications and problems. In this
effort, Parts I and II both explore how Oregon’s statute compares to
other state statutes in restricting noncompete and nonsolicitation
agreements and show how courts have interpreted statutes in Oregon
and in some other states that govern both types of agreements. Part
III attempts to uncover how the Oregon legislature went about
creating this perplexing statute by looking at the legislative history
leading up to the passage of Senate Bill 248. Next, Part IV explores
some potential effects the statute may have on employees and
employers and implications it may have in the courts. Finally, Part V
suggests alternative statutory language that the legislature ought to
consider to avoid some of the potential problems described in this
Comment.