QUESTION
In Oregon - is it legal to not have a specific set time frame for competing business? (how far of distance, I can't practice as an acupuncturist)
Asked on Feb 25th, 2020 on Business Law - Oregon
More details to this question:
I am an acupuncturist going through a contract to work for an acupuncture clinic. In the contract, there is a part under competing business that states: "Staff member also agrees not work for, practice with or for, become an Independent contractor, practitioner, advisor, coach and or work for or with any other health care business in any acupuncture or herbals structure for at least 15 miles from 36200 pittsburg road st helens Oregon 97051 and 51385 sw old portland road scappoose oregon 97056 (excluding mileage across Willamette river such as an example kalama Wa)" I was wondering if it is legal to not have a set time frame for how long this contract/statement applies to? Because this is stating, it should be applied for a lifetime...
1 ANSWER
It is unlikely that a llifetime restriction will be enforced for this business, and I also wonder if 15miles may be deemed too broad, but it is possible that, even if the Court believes that hte restriction as written whould not be enforced, it may "blue pencil" the clause, i.e. narrow it to an acceptable scope (e.g. a year post-employment and 3 miles) and enforce the narrowed clause.
Answered on Feb 27th, 2020 at 2:29 PM