For Companies and HR Leaders with Businesses or Employees in Oregon
Employers
Counsel and defense for employers in Oregon on non-solicitation agreement issues
For Workers and Executives
Employees
Representation for Oregon workers in non-solicitation agreement matters
Who We Are
Buchanan Angeli Sullivan & Ferrer LLP is a Portland-based employment law firm that advises and represents both employers and employees on employment law matters, including non-solicitation agreements, restrictive covenants, executive employment arrangements, and related workplace disputes. We assist clients with drafting, reviewing, negotiating, enforcing, and challenging provisions that restrict employees and former employees from soliciting an employer’s clients, customers, or business relationships.
Because we advise both employers and executives, we understand the competing concerns that often shape these agreements. Employers may want to protect their workforce, customer relationships, and confidential business interests, while employees may need to preserve their ability to continue working and maintaining professional connections. This broader perspective helps us identify unclear, overly broad, or potentially disputed terms before they create larger problems.
A non-solicitation agreement lawyer in Portland, Oregon, can help clients evaluate these provisions at any stage. Whether we are preparing an agreement for an employer, reviewing restrictions before an executive accepts a position, negotiating terms during a separation, or addressing an alleged violation, we encourage clients to seek legal guidance early. Careful review can clarify obligations, reduce uncertainty, and help prevent costly disputes.
Meet Our Lawyers in Portland Handling Non-Solicitation Agreement Cases
What Are Non-Solicitation
Agreements?
Non-solicitation agreements in Portland are restrictive covenants that may limit an employee’s ability to recruit coworkers, contact clients, or pursue certain business relationships during or after employment. Unclear or overly broad terms can lead to disputes involving employee departures, client communications, workforce recruitment, alleged breaches, and requests for court enforcement.
How Buchanan Angeli Sullivan & Ferrer LLP Helps Employees With Non-Solicitation Agreements
Non-solicitation restrictions can affect an employee’s professional relationships, career transition, and ability to work with clients or colleagues after leaving a position. Because the meaning of terms such as “solicit,” “customer,” and “indirect contact” may not always be clear, employees should understand the practical reach of an agreement before signing it or making employment decisions that may pertain to the agreement.
A non-solicitation agreement lawyer in Portland can assist employees with matters involving:
- Reviewing restrictions presented with a job offer, promotion, equity award, severance package, or other employment arrangement
- Determining which clients, prospective customers, referral sources, vendors, or employees are covered
- Clarifying whether the agreement addresses direct outreach, indirect encouragement, general announcements, social media activity, or contact initiated by another person
- Negotiating narrower definitions, shorter restriction periods, and appropriate exceptions
- Planning a departure, accepting a new role, launching a business, or communicating with professional contacts
- Evaluating how non-solicitation terms interact with confidentiality, trade secret, non-compete, and return-of-property provisions
- Responding to a cease-and-desist letter, threatened court action, or allegation that solicitation has already occurred
- Resolving disputes through negotiation or litigation when necessary
We also provide counsel for these other types of Oregon and federal employment contract law.
Breach of Contract
Employment agreements may establish obligations involving salary, commissions, bonuses, equity compensation, job responsibilities, benefits, termination procedures, or post-employment conduct. When an employer does not honor an agreed term (or alleges that an employee failed to comply), we analyze the contract, evaluate the surrounding facts, and advise the client about possible resolutions. Depending on the circumstances, that may include negotiation, mediation, or litigation.
Non-Solicitation Agreements
Whereas a non-solicitation clause restricts certain interactions, a non-compete provision may limit an employee’s ability to perform certain work for a competing organization or business after employment ends. Oregon imposes specific statutory conditions on these restrictions. We assess the employee’s position and compensation, the circumstances of the agreement and how it was formed, the employer’s asserted business interests, the duration of the restriction, and the activities it attempts to prohibit. We also help employees negotiate proposed terms and respond when a former employer seeks enforcement.
Severance Agreements
A severance or separation agreement can include terms that involve far more than the amount of a final payment. It may include a release of legal claims, confidentiality requirements, non-disparagement language, cooperation duties, repayment provisions, and new or continuing restrictive covenants. We review the complete agreement, explain its practical and legal consequences, identify terms that may warrant revision, and negotiate on the employee’s behalf when appropriate.
Our Approach for Employees
Questions involving non-solicitation restrictions are often more manageable when addressed before an employee signs an agreement, announces a departure, contacts professional connections, or begins a new role. We provide practical, individualized guidance based on the agreement’s language, the employee’s career plans, and the risk of a potential dispute.
Intake & Consultation
We start by discussing the employee’s current or former position, the circumstances in which the agreement was presented, and the activities they are considering. We also review relevant documents and identify any deadlines, threatened action, or immediate concerns.
Contract Review & Legal Assessment
We examine who and what the clause covers, how long it lasts, and which actions it may restrict. This may include reviewing restrictions involving clients, prospective customers, coworkers, referral sources, or other business relationships. We also consider how the provision interacts with confidentiality, trade secret, severance, and non-compete terms.
Strategy and Recommendation
After assessing the agreement and the employee’s objectives, we recommend a course of action. That may involve negotiating narrower language, planning communications during a transition, responding to an employer’s concerns, or challenging an unreasonable interpretation of the restriction.
Representation
When appropriate, we may communicate with the employer or its counsel and advocate for a resolution that protects the employee’s professional and financial interests. A non-solicitation agreement lawyer in Portland, Oregon, may also represent employees in mediation, arbitration, or litigation when a dispute cannot be resolved informally.
We Also Offer Non-Solicitation Agreement Counsel for
Employers
Well-drafted non-solicitation agreements can help employers protect established customer relationships, workforce stability, confidential information, and other legitimate business interests. However, provisions that are vague, unnecessarily broad, or inconsistent with the employer’s actual needs may create uncertainty and increase the likelihood of a dispute.
Buchanan Angeli Sullivan & Ferrer LLP advises Oregon employers on preparing, negotiating, reviewing, and enforcing non-solicitation provisions. Because Oregon law distinguishes these covenants from non-compete agreements, employers should avoid relying on generic restrictive-covenant language without considering the agreement’s purpose, scope, and practical effect.
Breach of Contract Issues We Help Employers Navigate
Our attorneys help employers evaluate potential risks before an agreement is signed, during an employee’s departure, and after suspected solicitation occurs. Common matters include:
Drafting Customer Non-Solicitation Provisions
Non-solicitation agreements may seek to prevent a departing employee from soliciting or conducting business with certain clients after employment ends. We help employers define which customers, prospective customers, accounts, or business relationships the employer desires to include and to identify the conduct the agreement will restrict.
Protecting Employees From Targeted Recruitment
Employee non-solicitation provisions may restrict a former employee from encouraging coworkers to leave or join another organization. We help employers develop language suited to their workforce and business needs..
Reviewing Existing Restrictive Covenants
Business operations, employee responsibilities, and applicable laws continuously evolve over time. We review existing agreements to identify unclear definitions, outdated terms, inconsistent and unenforceable provisions, or restrictions that may not align with the employer’s current objectives.
Negotiating Agreements With Executives and Key Employees
Executives and other senior employees may negotiate restrictive covenants as part of an employment agreement, promotion, compensation package, or separation arrangement. We help employers evaluate proposed revisions and develop terms that address the employee’s concerns without overlooking important business protections.
Managing Employee Departures
An employee’s resignation or termination may raise questions about client communications, access to confidential information, recruitment of coworkers, and future competitive activity. We advise employers on transition planning, reminder letters, return-of-property obligations, and other appropriate steps intended to reduce risk without unnecessarily escalating the situation.
Responding to Suspected Violations
When an employer believes a former employee has solicited clients or coworkers, we assess the agreement, review relevant communications and other available evidence, and evaluate the potential business impact. Depending on the circumstances, our representation may involve direct negotiation, a cease-and-desist demand, mediation, arbitration, or litigation seeking appropriate relief.
Our Approach for Employers
Non-solicitation agreements in Portland are most useful when they reflect the employer’s actual business interests, workforce structure, and client relationships. We help employers develop practical restrictions, prepare for employee transitions, and respond strategically when concerns arise about customer or employee solicitation.
Business and Contract Evaluation
We begin by learning how the organization operates, which relationships require protection, and which employees have access to clients, coworkers, referral sources, or confidential information. This allows us to determine whether a non-solicitation provision is appropriate and what it should reasonably cover.
Risk Analysis
We evaluate the proposed restriction in light of Oregon law, the employee’s role, the employer’s legitimate interests, and the realities of enforcement. We also identify vague, overly broad, or inconsistent language that could create uncertainty or weaken the agreement.
Drafting and Negotiation
We prepare provisions tailored to the employer rather than relying on generic templates. This may include defining prohibited conduct, covered relationships, the duration of the restriction, geographic considerations, and appropriate exceptions. We also assist when executives or other key employees request revisions.
Enforcement and Resolution
When an employee leaves, or a possible violation occurs, we review the agreement, relevant communications, and the potential impact on the business. We then recommend a proportionate response, which may include a reminder of obligations, negotiation, a demand to cease and desist, mediation, arbitration, or litigation.
Schedule an Intake with Buchanan Angeli Sullivan & Ferrer LLP
Whether you are an Oregon employer preparing or enforcing a non-solicitation agreement, or an executive reviewing restrictions that may affect your next career move, early legal guidance can help clarify your options and reduce unnecessary risk.
Buchanan Angeli Sullivan & Ferrer LLP provides strategic counsel on drafting, reviewing, negotiating, and resolving disputes involving customer and employee non-solicitation provisions. Contact our intake coordinator to discuss your circumstances and determine the appropriate next steps.