Salem Non-Compete Agreement

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 can 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 significant, 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. Covenants not to compete that a court will categorize as unreasonable include agreements that last for a long duration or that restrict the employee to an unreasonable geographic area around Salem.

Non-compete clauses are also limited in that they may only apply to competitors who are rationally related to the industry of the employer. Finally, the employer must have a legitimate business interest behind its motivation for mandating a covenant not to compete.

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 Salem, 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. Attorneys can provide valuable counseling to employers who are contemplating suing an employer who breached a covenant not to compete. They can also assist employees who have signed an agreement limiting their employment options.

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Life in Salem

Salem, Oregon is the capital of the state of Oregon, and the county seat of Marion County. It is located in the center of the scenic Willamette Valley, on the banks of the Willamette River. It is the third-largest city in the state of Oregon, with a population of 155,000.

Salem, OR was first settled by Europeans in 1812, where explorers established it as a trading post. In the 1840s, more permanent settlement came in the form of Christian missionaries. Shortly thereafter, Salem became the capital of the Oregon Territory, and continued to serve in this capacity when Oregon became a state in 1859.

Because it is the state capital, Salem, Oregon's economy is supported heavily by jobs created by the state government, which is the largest employer in Salem. In addition to employing all of the state elected officials in Oregon, from the governor down to state legislators, the government of Oregon, through its many agencies headquartered in Salem, employs a large number of administrative personnel, and other professionals. In particular, the state government employs many Salem, Oregon lawyers.

In Salem, there are also many lawyers in private practice. Salem, Oregon is home to Willamette University School of Law, which is part of the oldest university in the Western United States. Willamette University's law school has graduated hundreds of successful Salem, Oregon lawyers throughout its long history.

If you are facing a legal issue in Salem, Oregon and need assistance, it's highly likely that you'll be able to find a Salem, Oregon attorney who can help you.

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When are Covenants not to Compete Unenforceable?