Noncompetes aren’t always enforceable.
Marijuana has been legal in Oregon for about three years now. Employees with specialized skills are starting to jump ship and head to competitors. What do you do, as an employer, if a candidate for employment shows you a non-competition agreement they signed with their former employer? Typically, the former employer will go after the employee to enforce the non-competition agreement, but the former employer may seek an injunction against your business to prohibit you from hiring the candidate. Is there a way around this? Perhaps.
First, you should consider whether the non-competition agreement is enforceable. As we?ve previously discussed, non-competi...
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