Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. For example, if a company only operated within one city, and the covenant not to compete provided that an employee of the company could not solicit business within 100 miles of the city if he/she ever left the employ of the company, such an agreement would be unreasonable as to its geographical area. The company had no need to be protected regarding such a large geographical area.
Title: Exploring Oregon Employment Agreement with Director of Day Care or Child Care Center, including Non-Competition Provision Introduction: An Oregon Employment Agreement with a Director of Day Care or Child Care Center is a legally binding document defining the terms and conditions of employment for this specific role. In many cases, these agreements may include a non-competition provision, which restricts the director from engaging in similar childcare-related activities within a specified geographical area for a certain duration after leaving the position. Let's delve deeper into the different types and key components of such agreements, emphasizing relevant keywords. 1. General Oregon Employment Agreement with Director: This type of agreement is the standard contract used for employing a Director of Day Care or Child Care Center in Oregon. It outlines various provisions related to salary, benefits, working hours, and job responsibilities. Additionally, it may include a non-competition provision. 2. Oregon Employment Agreement with Non-Competition Provision: In specific cases, the employment agreement may focus primarily on the non-competition provision. This provision restricts the director from accepting a job or engaging in activities directly competing with the employer's business, typically within a specified radius and time period. 3. Oregon Employment Agreement with Non-Competition and Non-Solicitation Provisions: Another variation of the agreement may include both non-competition and non-solicitation provisions. While the non-competition provision restricts the director from engaging in direct competition, the non-solicitation provision restricts the director from soliciting the center's clients, employees, or partners for a certain period, aiming to protect the employer's business interests. Key Elements of Oregon Employment Agreement with Director: a. Parties Involved: Clearly identify the parties entering into the agreement: the employer (Day Care or Child Care Center) and the director. Include their respective names, addresses, and contact details. b. Effective Date and Term of Agreement: Specify the date when the agreement is effective and define its duration, usually stating it as an "at-will" employment agreement, terminable by either party with prior notice as per Oregon employment laws. c. Job Duties and Responsibilities: Define the director's job duties, responsibilities, and expectations clearly to ensure both parties are on the same page regarding the director's role in the child care center. d. Compensation and Benefits: Outline the director's salary, payment frequency, bonus structure if applicable, and any other benefits such as health insurance, retirement plans, and vacation leave entitlement. e. Non-Competition Provision: Indicate the geographical area (e.g., specific counties, cities, or radius around the center) within which the director is prohibited from engaging in competing activities post-employment. Specify the duration of the non-competition period, usually ranging from six months to a year. f. Non-Solicitation Provision: If applicable, include a provision that restricts the director from soliciting the center's clients, employees, or partners for a specified duration after leaving the position. g. Confidentiality and Intellectual Property: Include clauses to protect the center's proprietary information, trade secrets, and intellectual property that the director may come into contact with during their employment. h. Termination: Outline the circumstances under which either party can terminate the agreement and the notice period required. Also, specify any post-termination obligations of the director, such as returning company property or handing over relevant records. Conclusion: An Oregon Employment Agreement with a Director of Day Care or Child Care Center, including a non-competition provision, is crucial for establishing clear expectations and protecting the interests of both the employer and the director. These agreements provide a vital legal framework for successful employment while ensuring compliance with Oregon employment laws and regulations.
