What Is A Covenant Not To Compete In Oregon?
In Oregon, a covenant not to compete generally requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". Employees who sign them may either receive compensation or simply be required to agree as a condition for their employment.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. While employer's interest are significant, the courts of Oregon also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an excessively long period of time or if they cover an unreasonably large geographic area around Gresham.
Covenants must also be limited to restricting dealings with those competitors that are rationally related to the employer?s industry. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Gresham, Oregon lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. A lawyer can also render useful advice for employers who are considering suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.
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Life in Gresham
Gresham is located in Multnomah County, Oregon. It is near Portland and was named after the Civil War General, Walter Quinton Gresham. The city is the fourth largest in Oregon.Two very popular attractions are the Center for the Arts Plaza and the Gresham Art Walk. Alongside attractions, the city is also home to many established legal practices run by competent attorneys. These attorneys practice in various areas of law and are easily able to handle the legal needs of residents and local businesses.
Famous residents include Randy Alcorn, Shannon Bex, Brian Burres, Randy Couture, Mike Ekstrom, Nikki Fuller, Katie Harman, Fred Jones, Ronald A. Marks, Angela Via, and William P. Young.
Although some may consider this city overshadowed by nearby, popular Portland, Gresham is definitely worth making a visit to!
