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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5688
Experience:  Exclusively practice labor and employment law.
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I recently resigned my job because they put me on a

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I recently resigned my job because they put me on a questionable "PIP" program. I was offered a job by a competitor that I worked for previously for 12 years. I accepted the offer, knowing I would be out of work in early December, and my other company that is a multi million dollar firm out of Quebec, Canada is enforcing the non-compete and saying I need to rescind the offer! That would leave this single mother of two out of work in the state of Oregon. What do I do? Thanks Jeanne
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I live in Corvallis, Oregon.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Oregon is an At Will state but I don't know about the company.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just don't know what to do or if I have any recourse. I need a job and don't understand why they would do this if they were not happy with my performance. I will not be calling on any of the same customers in the territory either.

Oregon's law allows non-competition agreements as long as they are entered into with employees prior to employment or prior to a bona fide advancement. Non-competition agreements are not enforceable unless the following criteria are met pursuant to ORS 653.295:

The employee is exempt from minimum wage and overtime as a “white collar” employee (i.e., he or she fits into either the executive, administrative or professional exemption),
At termination, the employee’s annual salary and commissions exceed the median family income for a family of four as determined by the U.S. Census Bureau (currently about $55k),
The employer has what is called a “protectable” interest. This means that the employee will have access to trade secrets or competitively sensitive confidential business or professional information - such as product development plans, product launch plans, marketing strategy or sales plans,
The agreement is entered into at the beginning of employment (or bona fide advancement), and the employer has provided a written notice to the employee - at least two weeks before employment begins - that a non-competition agreement will be required, and
The agreement is not effective for longer than two years from the date of the employee’s termination.

These are the requirements for an enforceable agreement - if they don't apply, the employer cannot succeed in enforcement.

Customer: replied 10 months ago.
Thank you

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