pro_perdef
Member
What is the name of your state (only U.S. law)? Oregon
In April 2010 I accepted new employment in Oregon and signed a non-solicitation agreement.
In May 2011 I was suddenly, and without warning, terminated from my employment (for reasons that do not involve misconduct connected to work, but which I will not discuss here on my attorney's suggestion...my attorney is not all that familiar with employment law, and Oregon's non-solicitation regulations are apparently odd).
In June 2011 I formed an LLC and undertook steps to create my own business which does not compete with my former employer. (Former employer is a broadcasting company, my new company is an advertising agency that may very well chose to do business with the former employer in the future).
Immediately after writing former employer regarding their use of my copyrighted materials that were created outside of my employment, the former employer wrote back that they were aware I had begun building an ad agency and pointed my to my non-solicitation agreement. That agreement, naturally, bars me from soliciting business from any client I worked with while employed by the former employer, as well as any client they had on the date I was terminated. I don't really take exception to these provisions.
Where I do take exception is that they are now trying to enforce a clause that, in my opinion, turns the non-solicitation agreement into a non-compete agreement, which is not enforceable in Oregon. They are trying to say that I cannot even solicit business from any person or entity whose name I "became aware of" during the tenure of my employment. That effectively puts me out of business.
This is a small town, and I am now unable to solicit business from anyone whose name I ever heard, any company I drove past and saw a sign for, any person I bumped into at a Chamber of Commerce meeting, etc while I was employed...regardless of whether or not that person or entity ever did business with or had any intention of ever doing business with my former employer...even if the former employer never solicited that person or entity themselves. This puts me out of business before I even get started, and it definitely smells like a non-compete to me (regardless of the words never appearing in the agreement).
I had no intention of beginning my own business when I accepted the job last year, that all changed when they kicked me out the door without warning.
Do I have any kind of winnable case here at all? Can I sue to get out from under the non-solicitation agreement on the premise that it is actually, in practice, a non-compete agreement that unfairly stops me from doing business in my chosen profession either for myself or anyone else in the area I choose to live? This career is all I have ever done, and I have no intention of changing careers.
Thanks for your help!
In April 2010 I accepted new employment in Oregon and signed a non-solicitation agreement.
In May 2011 I was suddenly, and without warning, terminated from my employment (for reasons that do not involve misconduct connected to work, but which I will not discuss here on my attorney's suggestion...my attorney is not all that familiar with employment law, and Oregon's non-solicitation regulations are apparently odd).
In June 2011 I formed an LLC and undertook steps to create my own business which does not compete with my former employer. (Former employer is a broadcasting company, my new company is an advertising agency that may very well chose to do business with the former employer in the future).
Immediately after writing former employer regarding their use of my copyrighted materials that were created outside of my employment, the former employer wrote back that they were aware I had begun building an ad agency and pointed my to my non-solicitation agreement. That agreement, naturally, bars me from soliciting business from any client I worked with while employed by the former employer, as well as any client they had on the date I was terminated. I don't really take exception to these provisions.
Where I do take exception is that they are now trying to enforce a clause that, in my opinion, turns the non-solicitation agreement into a non-compete agreement, which is not enforceable in Oregon. They are trying to say that I cannot even solicit business from any person or entity whose name I "became aware of" during the tenure of my employment. That effectively puts me out of business.
This is a small town, and I am now unable to solicit business from anyone whose name I ever heard, any company I drove past and saw a sign for, any person I bumped into at a Chamber of Commerce meeting, etc while I was employed...regardless of whether or not that person or entity ever did business with or had any intention of ever doing business with my former employer...even if the former employer never solicited that person or entity themselves. This puts me out of business before I even get started, and it definitely smells like a non-compete to me (regardless of the words never appearing in the agreement).
I had no intention of beginning my own business when I accepted the job last year, that all changed when they kicked me out the door without warning.
Do I have any kind of winnable case here at all? Can I sue to get out from under the non-solicitation agreement on the premise that it is actually, in practice, a non-compete agreement that unfairly stops me from doing business in my chosen profession either for myself or anyone else in the area I choose to live? This career is all I have ever done, and I have no intention of changing careers.
Thanks for your help!
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