When does non-compete agreements apply?

This issue applies when:Your employer asks you to sign a non-compete as a condition of employment or continued employmentYou are leaving a job and your former employer claims you cannot work for a competitorYou want to start a business in the same industry as your current or former employerFactors courts consider when enforcing non-competes:Duration: Most courts consider 6 months to 2 years reasonable. Anything beyond 2 years is harder to enforce.Geographic scope: Must be limited to areas where the employer actually does business. Nationwide restrictions are often struck down unless the employer operates nationally.Scope of activities: Must be narrowly tailored to protect legitimate business interests (trade secrets, client relationships) — not just prevent competition generally.Consideration: In many states, continued employment alone is not sufficient consideration for a non-compete signed after you were already hired. You may need additional compensation or benefits.Common misconceptions:"I signed it, so it must be enforceable" — Many non-competes are overly broad and unenforceable. Courts frequently refuse to enforce them or narrow their scope."Non-competes are illegal now" — The FTC's proposed ban was blocked in court. Non-competes remain legal in most states, though the trend is toward restricting them."My employer can stop me from earning a living" — Courts balance employer interests against your right to work. An agreement that effectively prevents you from working in your field is less likely to be enforced.

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Non-Compete Agreements in Oregon

Q: What should I do if my employer is trying to enforce a non-compete agreement?

Step 1: Read it before you sign. Look at duration, geographic scope, and exactly which activities are restricted. Ask for narrower terms; employers often agree, especially with tenured candidates.Step 2: Check your state. If you're in California, Minnesota, North Dakota, or Oklahoma, non-competes are generally void. Colorado, Illinois, Oregon, Washington, Maine, Massachusetts, and DC ban them below specific income thresholds. Virginia and Washington require advance disclosure.Step 3: Already signed and want to leave? Talk to a lawyer before your last day. A short consultation can tell you whether the clause is actually enforceable in your state and what your old employer is realistically likely to do.Step 4: Don't panic at a cease-and-desist letter. Many employers use non-competes as scare tactics and never actually file suit. Take it seriously, but treat the lawyer's letter as the opening of a negotiation, not a verdict.Step 5: Document the consideration question. If you were asked to sign the non-compete years after starting, with no raise or promotion attached, your state may treat that as inadequate consideration — and a non-compete with no real consideration is often unenforceable even if signed.

Researched by A. R. Alsaedi, Head Researcher

Primary sources cited; not legal advice.

Source: No federal statute governs non-compete agreements. The FTC's final rule (16 C.F.R. Part 910, April 2024) was vacated by Ryan LLC v. FTC, No. 3:24-cv-00986 (N.D. Tex. Aug. 20, 2024); the FTC filed an appeal in October 2024 but the Trump administration dropped it in 2025 — no federal ban is in effect or being pursued. Enforceability is determined by state common law and statute. Key state statutes: Cal. Bus. & Prof. Code § 16600, Minn. Stat. § 181.988, Colo. Rev. Stat. § 8-2-113, 820 Ill. Comp. Stat. 90/1 et seq.

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Oregon Law

Primary statute: ORS § 653.295

How Oregon differs from federal law

Oregon significantly restricts non-compete agreements, particularly for lower-wage workers:

ORS § 653.295: Non-compete agreements are void for workers earning less than the median family income for a four-person family (approximately $80,000/year, adjusted annually). For workers above this threshold, non-competes are permitted only under limited circumstances.
Maximum duration: Enforceable non-competes are limited to a maximum of 12 months (reduced from 18 months by 2021 amendments)
Notice requirement: The employer must inform the employee in a written employment offer received at least 2 weeks before the start of employment, or the non-compete must be entered into upon a subsequent bona fide advancement. Non-competes not properly noticed are void.
Garden leave or consideration: For non-competes to be enforceable, the employer must provide a garden leave clause (paying at least 50% of the employee's annual gross base salary during the non-compete period) or other adequate independent consideration.
Non-solicitation agreements: Non-solicitation agreements are treated separately and are generally enforceable if reasonable in scope and duration.
Void for hourly workers: Non-competes are void for workers who are classified as nonexempt under the FLSA.

Additional Steps in Oregon

Review your non-compete agreement with an Oregon employment attorney. If you believe a non-compete is unenforceable, the Oregon State Bar is at (503) 620-0222 or osbar.org. File complaints with Oregon BOLI at (971) 245-3844 or oregon.gov/boli.

Relevant Law: ORS § 653.295 (non-compete restrictions). SB 169 (2021 amendments — 12-month cap, income threshold).

Federal baseline: Non-Compete Agreements nationwide

What is this right?

Whether your non-compete can actually stop you from taking the next job depends almost entirely on the state you live in — not on how scary the contract reads. Four states — California, Minnesota, North Dakota, and Oklahoma — void nearly all non-competes outright. Everywhere else, courts enforce them only when the duration, geography, and restricted activities are narrow enough to qualify as "reasonable." A non-compete is the clause your old employer slipped into the offer letter to keep you from leaving for a competitor or starting a rival business; it's standard in tech, sales, healthcare, and executive roles — and it's been losing in court more often than it used to.

There's no federal law governing non-competes. The FTC proposed a nationwide ban in April 2024 that would have voided the vast majority of existing non-competes. A federal judge in the Northern District of Texas struck it down in August 2024 (Ryan LLC v. FTC), the FTC appealed in October, and the Trump administration dropped the appeal in 2025. So no federal ban is in effect or being pursued, and enforceability remains a state-by-state question.

When does it apply?

This issue applies when:

Your employer asks you to sign a non-compete as a condition of employment or continued employment
You are leaving a job and your former employer claims you cannot work for a competitor
You want to start a business in the same industry as your current or former employer

Factors courts consider when enforcing non-competes:

Duration: Most courts consider 6 months to 2 years reasonable. Anything beyond 2 years is harder to enforce.
Geographic scope: Must be limited to areas where the employer actually does business. Nationwide restrictions are often struck down unless the employer operates nationally.
Scope of activities: Must be narrowly tailored to protect legitimate business interests (trade secrets, client relationships) — not just prevent competition generally.
Consideration: In many states, continued employment alone is not sufficient consideration for a non-compete signed after you were already hired. You may need additional compensation or benefits.

Common misconceptions:

"I signed it, so it must be enforceable" — Many non-competes are overly broad and unenforceable. Courts frequently refuse to enforce them or narrow their scope.
"Non-competes are illegal now" — The FTC's proposed ban was blocked in court. Non-competes remain legal in most states, though the trend is toward restricting them.
"My employer can stop me from earning a living" — Courts balance employer interests against your right to work. An agreement that effectively prevents you from working in your field is less likely to be enforced.

What to Do If You Signed a Non-Compete

Step 1: Read it before you sign. Look at duration, geographic scope, and exactly which activities are restricted. Ask for narrower terms; employers often agree, especially with tenured candidates.

Step 2: Check your state. If you're in California, Minnesota, North Dakota, or Oklahoma, non-competes are generally void. Colorado, Illinois, Oregon, Washington, Maine, Massachusetts, and DC ban them below specific income thresholds. Virginia and Washington require advance disclosure.

Step 3: Already signed and want to leave? Talk to a lawyer before your last day. A short consultation can tell you whether the clause is actually enforceable in your state and what your old employer is realistically likely to do.

Step 4: Don't panic at a cease-and-desist letter. Many employers use non-competes as scare tactics and never actually file suit. Take it seriously, but treat the lawyer's letter as the opening of a negotiation, not a verdict.

Step 5: Document the consideration question. If you were asked to sign the non-compete years after starting, with no raise or promotion attached, your state may treat that as inadequate consideration — and a non-compete with no real consideration is often unenforceable even if signed.

What should you NOT do?

Don't assume it's unenforceable just because it sounds broad. Some states still enforce two-year, multi-state restrictions in the right industry. Get a state-specific read.

Don't sign without reading. Non-competes get buried inside larger employment packages or stock-grant paperwork. Know what's in the document before initialing it.

Don't ignore a lawsuit. Even when the underlying non-compete is bad law, failing to respond to a complaint produces a default judgment that's much harder to undo than the case would have been.

Don't walk out with trade secrets or client lists. Even if the non-compete itself dies in court, misappropriating trade secrets is a separate federal violation under the Defend Trade Secrets Act (18 U.S.C. § 1836) — and a much easier case to win against you.

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Common Questions

Is my non-compete enforceable if I was laid off rather than quitting?

Many state courts refuse to enforce non-competes against employees terminated without cause — the reasoning: an employer that lets you go shouldn't also be able to prevent you from earning a living. Illinois (820 ILCS 90/10), Massachusetts, and several federal circuits treat involuntary termination as a strong factor against enforcement. Even in stricter states, laid-off status is a powerful negotiating lever to narrow scope or get paid-leave consideration.

What's the difference between a non-compete, a non-solicit, and a confidentiality (NDA) agreement?

A non-compete stops you from working for competitors. A non-solicit stops you from contacting former clients or recruiting former coworkers. An NDA stops you from disclosing trade secrets — NDAs are the least restrictive and almost always enforceable. When a state (like CA) voids non-competes, non-solicit and NDA provisions in the same contract usually remain enforceable as severable clauses.

Can I be forced to sign a non-compete after I've already been hired?

In most states you can refuse, but the employer can then fire you (at-will). More importantly: many states require "new consideration" — a raise, bonus, promotion, or signing payment — beyond mere continued employment. Illinois (requires 2 years of continued employment OR other consideration), Pennsylvania, and Minnesota have this rule. Without new consideration, the non-compete is often unenforceable even if you signed.

What states effectively ban non-competes?

Full bans: California (Cal. Bus. & Prof. Code §16600), Minnesota (as of July 2023, prospective only), North Dakota, Oklahoma. Substantial bans or income thresholds: Colorado, Illinois, Maine, Massachusetts, New Hampshire, Oregon, Rhode Island, Virginia, Washington, DC. The FTC's proposed nationwide ban was vacated by Ryan LLC v. FTC (N.D. Tex. Aug 2024); the FTC under Chair Andrew Ferguson voted 3-1 to abandon its appeal on September 5, 2025, making the vacatur final. The FTC is now pursuing non-competes case-by-case under Section 5 FTC Act via its Joint Labor Task Force rather than by rule.

Non-Compete Agreements in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

Oregon

StatuteOregon non-compete restrictions — ORS § 653.295
Agency guidanceOregon BOLI — worker rights and employment law
Agency guidanceFTC — non-compete agreements and worker mobility

Federal

StatuteDefend Trade Secrets Act, 18 U.S.C. § 1836
Federal cause of action for trade-secret misappropriation — often paired with non-compete enforcement.
RegulationFTC Non-Compete Clause Rule (vacated), 16 C.F.R. Part 910
FTC's 2024 ban; vacated nationwide by Ryan LLC v. FTC (N.D. Tex. Aug 20, 2024). FTC abandoned the Fifth Circuit appeal on September 5, 2025 (3-1 vote under Chair Andrew Ferguson) — vacatur is now final and the rule is dead. FTC enforces non-competes case-by-case via Section 5 FTC Act, not by rule.
StatuteSherman Antitrust Act, 15 U.S.C. § 1
Background federal restraint-of-trade framework occasionally invoked against egregious non-competes.
Agency guidanceFTC — Non-Compete Rulemaking
FTC's official rulemaking record and current status of the non-compete rule.