Comments on: Employee Non-Competition and Non-Solicitation Agreements in Oregon: A Critical Distinction

By: Larry Hunt

Larry Hunt — Fri, 07 Jun 2013 17:39:04 +0000

I can’t tell you whether or not your noncompetition agreement is enforceable or not and, if so, the extent to which it’s enforceable against you without reading it and knowing more about the circumstances surrounding your signing of that agreement.
I can tell you that if your former employer refuses to give you a copy of the agreement then they may be jeopardizing their ability to enforce it legally, even if it is otherwise valid.
Don’t hesitate to give me a call if you’d like to discuss this in greater detail.

Larry Hunt

By: john lemoine

john lemoine — Thu, 06 Jun 2013 16:29:46 +0000

I just resigned from a sales position after 13 years.
I was not aware there was a non compete clause in my signing contract. No one discussed this with me and now my ex company says they will enforce it. I am trying to get a copy of the original signed contract with the non-compete clause and length of term.
No success yet.
Is the non-compete enforceable?

By: Lawrence Hunt

Lawrence Hunt — Sat, 23 Feb 2013 20:14:59 +0000

Thanks for your question. The short answer is that “it depends.”
It would depend on the terms of the noncompetiton agreement since even with a nonemployee the terms of any agreement not to compete must be reasonable as to duration, geographic scope, etc. Also, it isn’t apparent as to when in the relationship the agreement was signed.
There are also potential issues as to whether the “independent contractor” is or is not an “employee” which may affect enforceability.
These are just some of the variable which could affect the validity and enforceability of an agreement such as you describe.

By: Bryan Hulsey

Bryan Hulsey — Thu, 21 Feb 2013 23:13:18 +0000

Would a non-competition agreement signed prior to 01 01 2008 be enforceable for an independent contractor?