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. Even though the interests of an employer are important, Oregon courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude 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 Springfield.
Covenants must also be limited to restricting dealings with those competitors that are rationally related to the employer?s industry. Finally, an employer is required to have a valid business reason in its motivation for imposing a covenant not to compete on an employee.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before you sign any documents that could restrict your rights, you may consider hiring a Springfield, Oregon attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. When it comes to suing an employee for breach of a non-compete clause, an attorney can give valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
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Life in Springfield
Springfield is located in Lane County, Oregon. It is near Eugene and Interstate 5, with a population of around 59,400 people.The largest employer is PeaceHealth. Other top employers include Sacred Heart Medical Center at RiverBend, and McKenzie-Willamette Medical Center. As evident, the healthcare industry drives Springfield's economy. However, this does not mean that the legal force is not present in the city. There are many solo-practitioners and law firms in the city that provide services in all areas of law. Moreover, the attorneys are extremely competent and able to handle any and every legal need.
The most famous resident was Ken Kesey. He is an author who moved to the city at a young age. He graduated from University of Oregon, and bought the nearby Pleasant Hill farm. This famous resident passed away in 2001.
