Many people dream of going into business for themselves. But most of the time, before people strike out on their own, they like to work for someone else in the field to get experience and learn the ropes of an industry. Unfortunately, sometimes an employment contract can complicate fulfilling that dream. While contracts usually deal with things like compensation and time of employment, they can also include terms like “non-solicitation of employees agreements.” This sort of agreement does not just affect your employment conditions—it also impacts your career after you leave the company.
What is a Non-Solicitation of Employees Agreement?
A non-solicitation of employees agreement is an agreement that, if you leave your company, you will not try to hire away other employees from the company. It is extremely similar to a non-solicitation of clients agreement, except that it deals with employees of the company, not clients of the company. As an example, if such an agreement is enforced against you, and you left the company to start your own, you would not be able to take any of your coworkers with you to your new company.
Non-Solicitation of Employee Agreements and Oregon Law
The same statute governs non-solicitation of employees, non-solicitation of clients, and non-compete clauses in Oregon. That statute is Oregon Revised Statute 653.295. However, while the three types of agreements are all discussed in the same statute, non-compete agreements are treated very differently from non-solicitation agreements. The majority of the statute includes restrictions on what sort of employees can be subjected to non-compete agreements and how long they can last. However, the statute specifically says that these important restrictions do not apply to non-solicitation of employee agreements. What this means is that some employers try to dodge the strict restrictions on non-compete agreements by including both non-solicitation of employee agreements and non-solicitation of client agreements in employment contracts.
This can mean that if you leave your company with this sort of agreement in place, you may have a very difficult time starting your own business in the same field. A non-solicitation of employees agreement could prevent you from hiring the professionals who you know and trust. In some industries this may not matter, but in industries where those employees may be some of the only candidates there are with a certain set of skills, your options could be severely limited.
Contact an Attorney at HKM Employment Attorneys LLP
Employment contracts are very serious documents that can affect not only your current job, but your entire career. Whether you are currently negotiating a contract at a new job, or you are considering leaving or have left a job with a contract, you will need the help of an experienced and qualified attorney. The attorneys at HKM Employment Attorneys LLP specialize in employment law and are here to help people just like you. We can be reached through our online form, or by telephone at (503) 398-1130. We look forward to hearing from you about your case.
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