What is the name of your state? Oregon
I made the mistake of signing a non-compete while employed by a company for six months. At the six month point I was terminated with no cause but they alluded to the fact that they thought that I "wasn't a good fit". The company is in the business of buying and "flipping" properties and I would like to be able to purchase a piece of commercial property to retain for an indefinite period of time. When I mentioned this to them, they verbally stated that this would be in violation of the non compete but the verbiage states "business similar in nature to that of Employer or any aspect thereof" and buying for the purpose of holding is not their procedure. Am I stuck for another year or does their non-compete allow a loophole?
"During the period of such employment, and for a period of 2 years after Employee's employment by Employer is terminated for any reason, irrespective of the time, manner or cause of such termination, neither Employee nor Employee’s spouse shall within Oregon directly or indirectly, own, manage, operate, control, be employed by, participate in or be connected in any manner with the ownership, management, operation or control of any business similar in nature to that of Employer or any aspect thereof."
Another question: In my six months with the company, they made numerous implied contracts of continued employment such as "we have big plans for you" and the position I was placed in was to be temporary until a new division opened at which time I would be placed in the GM position. I also was ordered to keep an investor off of a piece of property with an oil spill clean up in process which I can only assume was to conceal fraudulent information passed to the investor. If there is no loophole in the non-compete, could these items give me leverage?
I made the mistake of signing a non-compete while employed by a company for six months. At the six month point I was terminated with no cause but they alluded to the fact that they thought that I "wasn't a good fit". The company is in the business of buying and "flipping" properties and I would like to be able to purchase a piece of commercial property to retain for an indefinite period of time. When I mentioned this to them, they verbally stated that this would be in violation of the non compete but the verbiage states "business similar in nature to that of Employer or any aspect thereof" and buying for the purpose of holding is not their procedure. Am I stuck for another year or does their non-compete allow a loophole?
"During the period of such employment, and for a period of 2 years after Employee's employment by Employer is terminated for any reason, irrespective of the time, manner or cause of such termination, neither Employee nor Employee’s spouse shall within Oregon directly or indirectly, own, manage, operate, control, be employed by, participate in or be connected in any manner with the ownership, management, operation or control of any business similar in nature to that of Employer or any aspect thereof."
Another question: In my six months with the company, they made numerous implied contracts of continued employment such as "we have big plans for you" and the position I was placed in was to be temporary until a new division opened at which time I would be placed in the GM position. I also was ordered to keep an investor off of a piece of property with an oil spill clean up in process which I can only assume was to conceal fraudulent information passed to the investor. If there is no loophole in the non-compete, could these items give me leverage?