They should review existing non-competition bans and develop a strategy for existing and new workers to ensure compliance with the law. They should also have a system in place to ensure that non-competitive agreements are sent to the former employee within 30 days of the end of their employment. The Oregon District Court recently ruled that a non-formal notice agreement mentioning staff members “is not directly or indirectly required, deviant or appropriate (or will attempt to request, redirect or deviate). . . . Any person or entity that was a client or client of interest [employer] two years after termination was in fact a non-competitive agreement. The Tribunal found that this language not only limited the recruitment and activity of transactions with the employer`s real clients, but also prevented workers from engaged in activities that indirectly diverted potential customers from their employer, effectively preventing workers from competing with their former employer. Nageli Reporting Co. Petersen, et al., 2011 US Dist. LEXIS 140246.

Since the employer did not comply with the legal provisions of a valid competition agreement, the Tribunal found that the non-appeal agreement was not applicable. The non-formal notice agreement was also found to be unenforceable because it was too broad. To be applicable, a non-invitation agreement must be appropriate, among other things. It must provide fair protection of the employer`s interests and not be broad enough to encroach on the public interest. In this case, the agreement prevented workers from behaving in a distraction from the employer “even indirectly, from former or potential customers,” rather than preventing employees from recruiting clients with whom they were actually in contact with the employer during their work. On the basis of these facts, the Tribunal found that the non-invitation agreement was inappropriate and unenforceable. It`s exciting to have a new job. Whether it`s a first job or a cross-country stint after years in an industry, we`re generally looking forward to starting a new job.