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anyway fighting a non compete clause in the state of orego

n....
anyway fighting a non compete clause in the state of orego n.
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7/24/2013
Brandon, Esq.
Category: Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

There are a couple of ways to fight a non-compete. The first, is on procedural grounds, the second is on context.

Employment-LawExpert :

Procedurally, the non-compete could be invalid based on when you signed it

Employment-LawExpert :

This means that the employer must have told you at least two weeks before you start work that the non-compete is required. Additionally, you must be an exempt employee, and there must be some protectable interest

Employment-LawExpert :

How much did you make?

Employment-LawExpert :

And did you have access to trade secrets or competitively sensitive confidential information?

Customer:

I believe it was signed with in the two week standard. what about context I made 65,000

Employment-LawExpert :

Were you an exempt employee or did they make you keep track of your hours?

Employment-LawExpert :

Also, is the agreement for less than two years and only in the surrounding area?

Employment-LawExpert :

(i.e. it has to be limited in geographic scope and duration)

Customer:

I did weekly time sheets and it encompassed state of washington so it is wide area. two year agreement.

Employment-LawExpert :

Basically, you can get a declaratory order through the courts to deem the non compete unenforceable, you can get the company to waive the non-compete, you can get an agreement with the new company to pay for any damages which result from breach of the non-compete, or you can take the new job and hope they don't come after you. If you can show that you were not knowledgeable of trade secrets, you have a good argument. If you can show that there is no legitimate business interest to include Washington, you have a good argument, if you can show that they breached any part of your employment agreement, you have a good argument.

Employment-LawExpert :

Being only paid $65,000 it is very possible that you have a good argument to get out of it.

Employment-LawExpert :

However, the cut-off is usually around $62,000

Employment-LawExpert :

So it could be reasonable that this could apply

Employment-LawExpert :

as long as there is some protectable interest by the company

Employment-LawExpert :

What is the likelihood that this company would 1) find out about it and 2) care?

Employment-LawExpert :

i.e. what is the likelihood you will give the new employer an unfair advantage by taking confidential information or customer relationships?

Customer:

sadly both.

Employment-LawExpert :

Do you think the new company would be willing to take on any costs of defending the non-compete?

Customer:

I dont believe it would harm the former employer as , I dont know any trade secrets , working as lithotrispy tech

Employment-LawExpert :

If you don't think it possible that it can harm the former employer then you likely have nothing to worry about. However, if there is any argument that this is possible, you will want to take the actual agreement to an employment attorney in your area to see if there are any loopholes in it. Then, they can tell you definitively just how likely it is that they would succeed in any way if they were to come after you

Customer:

not sales person the current company will just hire somebody else if they dont hire me so I dont see how it will really make a difference.

Employment-LawExpert :

The legal argument would be that you know something which will give the new company an unfair advantage over the old company.

Employment-LawExpert :

Something you know, as a result of having worked at the old company

Employment-LawExpert :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.


 

Employment-LawExpert :

Does that make sense?

Employment-LawExpert :

You can also have the attorney make a quick phone call to the old company stating that you are going to sue for declaratory relief and see if they will just send you a letter waiving any right to enforce the non-compete

Employment-LawExpert :

As the company would have to pay for an attorney to deal with this, it is oftentimes in their benefit to sign such a letter, especially if they do not think it likely that they can win.

Employment-LawExpert :

But in short, if you are not in a position to give the new employer an unfair advantage, have no confidential information or customer relationships, or the limitation to Oregon and Washington is not reasonable to protect the company's interests, then you likely have nothing to worry about.

Customer:

ok, i will follow your advice. and touch base with a local employment attorney.

Employment-LawExpert :

I am glad I could get you pointed in the right direction. Have I fully answered your question today?

Brandon, Esq.
Category: Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Brandon, Esq.
Brandon, Esq.
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