Restrictive covenant on employment

[Fred53]

Hi. Hope I'm on the correct forum for this question. I'm located in Oregon at this time.

Several years ago I left a comapny I worked for 13 years and temorarily became a contracter. Before I terminated my regular employement, I was kinda of backed into a corner and signed a no competition agreement that was very restricyive and is for 5 years. I believe that 5 years is an unreasonable time period. I want to see if I have a case to get the time period waived to 3 years. It will be 3 years this october 2005. I did a little bit of research on the net and it seems like 5 years is a bit long.

The agreement says that I can't directly or indirectly own, manage, operate, be employed by, participate in or be connected in any manner with the ownership, management, operation or control of any business manufacturing and selling .............. etc.

I don't want to reveal the business/product.

Anyway I was thinking I may want to get back into the field of work where I was an expert and had 13 years into it.

Thanks for any advice.
Fred53

 

[pattytx]

I agree that 5 years is overly restrictive. So, in fact, may be the extent of the restriction as to your function with a company.

Recommend you take the agreement to a local attorney and get their opinion. The local Bar Association can refer you to someone versed in this area of law.

 

[Fred53]

Thanks pattytx. Could you eplain furthur

your statement:

"So, in fact, may be the extent of the restriction as to your function with a company".


I was the top technical person (engineer) at the company in question.

As I'm new to this site, would posting my case to an attorney (on-this site) be a good idea?

I'm curious about what the procedure would be. For example: Could I start by(through an attorney) writing a letter to the company (I used to be employed with) and try and get them to waive the restriction (based on being reasonable) before it ever went to court?

Thanks
Fred53

 

[pattytx]

Try the Contract Law or Civil forums.