Oregon has steadily strengthened its non-compete law over the years. Multiple requirements must all be satisfied for a non-compete to be enforceable โ and if any one fails, the agreement may be void.
Oregon's Key Non-Compete Requirements
For a non-compete agreement to be enforceable in Oregon, ALL of the following must be true:
- Salary threshold: The employee must earn at least $119,541 per year (2026 threshold, adjusted annually for inflation)
- Job classification: The employee must be in an administrative, executive, or professional role
- Maximum duration: The restriction cannot exceed 12 months from the date employment ends
- Advance notice: For new hires, the employer must include the non-compete in a written job offer at least 2 weeks before the first day of employment โ or provide a bona fide advancement opportunity for existing employees
- Protectable interest: The employer must have a protectable interest in trade secrets or other confidential information
โ If you earn less than $119,541 per year, your non-compete is void under Oregon law regardless of any other factors. Oregon's threshold is one of the highest in the country and is adjusted upward each year.
โ ๏ธ If the employer did not provide the non-compete at least 2 weeks before your first day (for new hires), this procedural failure may void the agreement even if you otherwise meet the salary and role requirements.
The 12-Month Maximum Duration
Oregon law caps non-compete duration at 12 months. In 2022 Oregon reduced this from 18 months to 12 months. Any non-compete exceeding 12 months is presumptively unenforceable. This is a hard cap โ courts will not enforce restrictions beyond this period.
Physician Non-Competes in Oregon
Oregon enacted additional restrictions on physician non-competes in 2025. Physicians and certain other healthcare providers have additional protections beyond the general employee non-compete statute. If you are a healthcare professional in Oregon, your situation may be governed by specific healthcare statutes in addition to the general non-compete law.
Oregon's Penalties
Oregon employers who violate the non-compete statute face meaningful penalties. Courts can void the agreement and may award attorneys' fees to employees who successfully challenge unenforceable non-competes.
What if My Agreement Doesn't Meet All Requirements?
Oregon courts will void โ not modify โ a non-compete that fails to meet the statutory requirements. Unlike states that reform overbroad agreements, Oregon takes the position that agreements not meeting all requirements are simply unenforceable. This gives employees strong leverage when any statutory requirement is missing.