What is the name of your state (only U.S. law)?
Oregon/New York <-- Part of the question.
My wife is about to take a job with a company that has asked her to sign a contract that includes the following non-compete clause:
The job is a pharmacy technician in a specialty care clinic and her income will start out being $29,000 per year (wage). We and the job are located in Oregon but the contract says that it is governed by New York law, which is where the company's attorney is.
QUESTIONS: My reading of this is that she could not work in any pharmacy for 18 months after leaving. Is that accurate? A lawyer friend told me that in Oregon there is a minimum income required to make such a clause enforceable, but I could not find such a limit for New York, is there one and what is it? Is this non-compete clause even enforceable?
Thank you for any assistance you can provide.
Oregon/New York <-- Part of the question.
My wife is about to take a job with a company that has asked her to sign a contract that includes the following non-compete clause:
3. Noncompetition and Nonsolicitation Covenants.
(a) Employee covenants and agrees that during the term of employment with the Company and for eighteen (18) months thereafter (the "Restrictive Period"), whether Employee is terminated with or without cause, and whether such termination is at the instance of Employee or the Company, Employee will not, directly or indirectly (including without limitation as a proprietor, owner, principal, agent, partner, officer, director, stockholder, employee, manager, member, consultant or otherwise), own, operate, manage, control, engage in, participate in, invest in, permit his/her name to be used by, hold any interest in, act as a consultant to or otherwise advise in any way, or perform any services (alone or in association with any Person (as defined below)) for any Person (or on behalf of themselves) that engages in or owns, invests in, operates, manages or controls any venture or enterprise that, directly or indirectly, engages in any services or other activity that the Company or any Affiliate of the Company conducts or any other business the Company is actively engaged in pursuing during the term of employment. As used in this Agreement, "Person" means and includes an individual, a partnership, a joint venture, a corporation, a trust, an association, a limited liability company, an unincorporated organization and any other entity, and a government or any department, political subdivision or agency thereof.
(a) Employee covenants and agrees that during the term of employment with the Company and for eighteen (18) months thereafter (the "Restrictive Period"), whether Employee is terminated with or without cause, and whether such termination is at the instance of Employee or the Company, Employee will not, directly or indirectly (including without limitation as a proprietor, owner, principal, agent, partner, officer, director, stockholder, employee, manager, member, consultant or otherwise), own, operate, manage, control, engage in, participate in, invest in, permit his/her name to be used by, hold any interest in, act as a consultant to or otherwise advise in any way, or perform any services (alone or in association with any Person (as defined below)) for any Person (or on behalf of themselves) that engages in or owns, invests in, operates, manages or controls any venture or enterprise that, directly or indirectly, engages in any services or other activity that the Company or any Affiliate of the Company conducts or any other business the Company is actively engaged in pursuing during the term of employment. As used in this Agreement, "Person" means and includes an individual, a partnership, a joint venture, a corporation, a trust, an association, a limited liability company, an unincorporated organization and any other entity, and a government or any department, political subdivision or agency thereof.
The job is a pharmacy technician in a specialty care clinic and her income will start out being $29,000 per year (wage). We and the job are located in Oregon but the contract says that it is governed by New York law, which is where the company's attorney is.
QUESTIONS: My reading of this is that she could not work in any pharmacy for 18 months after leaving. Is that accurate? A lawyer friend told me that in Oregon there is a minimum income required to make such a clause enforceable, but I could not find such a limit for New York, is there one and what is it? Is this non-compete clause even enforceable?
Thank you for any assistance you can provide.
