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I'm wondering how enforcable non-compete clauses are in the…

I'm wondering how enforcable...

I'm wondering how enforcable non-compete clauses are in the state of Oregon for a liscenced and credentialed professional? I am a Board Certified Behavior Analyst, and my current company is stating that I cannot practice within the field of Autism for 18 months following my employment with them.

Lawyer's Assistant: Has anything been officially filed? If so, what?

No, they just sent me a letter from their compliance department reminding me of the non-compete.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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1/15/2018
RayAnswers
RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 45,177
Experience: I have 30 years as a business lawyer in Texas
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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ince non-compete agreements can sometimes unreasonably restrict an employee’s chances of finding new work, Oregon courts and lawmakers tend to look at them closely (and with a good deal of suspicion) in deciding whether they are valid. In 2007, the Oregon legislature enacted a law (codified in Oregon Revised Statutes § 653.295) that sharply restricts the use of non-compete agreements. Under the new law, the enforceability of non-compete clauses rests on four general issues:

  • Written Notice – If an employer is hiring a new employee, he or she must inform that new employee, in writing, at least two weeks before his or her first day of work that the non-compete is a requirement of employment. If the employer wants to have an existing employee sign a non-compete, it must be accompanied by a real promotion (it must be something more substantial than just a new title).
  • Type of Employee Non-compete agreements can only be enforced against certain types of workers: salaried employees who engage in administrative, executive, or professional work and who perform predominantly intellectual, managerial or creative tasks where they exercise discretion and independent judgment.
  • Employer’s “Protectable Interest” – Employers must also show that a non-compete agreement is necessary, because they have a “protectable interest,” such as trade secrets or other confidential business information to which the employee will have access. Under certain circumstances, media employers also have a ‘protectable interest’ in the effort they put in to recruit and promote on-air broadcasters.
  • Employee’s Salary – In certain cases, employers also must show that the employee’s income is higher than what the United States Census Bureau has determined to be the median family income for a four-person family.

Here if you are at least 100 miles away it would be hard to enforce this.The further away here the more likely a court would not enforce it.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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