Noncompetition Agreement Update – Oregon Court of Appeals: Employment Noncompetition Agreement voidable, but not void, under ORS 653.295 if employee not notified of noncompetition term two weeks prior to employment: That was the holding of Bernard v. S.B., Inc., 270 Or App 710 (2014). The employee in that case contended that a noncompetition agreement was [...]
Following a car accident injury caused by another driver, it may seem that you have to talk to the other party’s insurance company and provide information to them. This is particularly true when you are hurt and concerned about getting medical bills paid. Here are some general principles to follow: In most motor vehicle accidents [...]
An employee is sometimes protected against retaliation for making reports of improper company conduct or improper conduct by another employee. While other laws pertaining to discrimination or retaliation may also apply, the key question in these cases is what constitutes whistleblowing. In Oregon, an employee may be protected for reporting either internally (within the company) or externally [...]
Probably everyone knows that Japan was hit by a magnitude 9 earthquake on the afternoon Friday, March 11, 2011, which was followed approximately 30 minutes later by a devastating tsunami which carried a surging mass of water mud and debris, starting at least 10 meters high, up to 10 kilometers or so inland in some [...]
I usually do not find opinions where the plaintiff and defense bar were presumably arguing the same basic position. But there is such a recent Oregon Supreme Court Opinion. In Patton v. Target Corporation, Plaintiff alleged that he was demoted then fired by Target
The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010″ has now been signed into law. With regard to estate taxes, this law sets the estate tax exemption at $5 million through 2012. The tax rate on the non-exempt portion is 35%. But, it is unknown what will happen in 2013; the new [...]
The Oregon Supreme Court issued an opinion on August 5, 2010 that a first year high school teacher who had been told that he would be discharged if he did not resign, and who subsequently quit, quit for good cause. Therefore he was entitled to unemployment. The case is McDowell v. Employment Dept., and a [...]
Many businesses can benefit from the dedicated counsel service offered by Schrock Law Office PC. Businesses that do not desire to hire a full time in-house counsel as an employee still have the ability to retain dedicated counsel with broad knowledge of contracts, employment issues, technology law and intellectual property issues without incurring the burden [...]
While the Oregon legislature has severely restricted the use of noncompetition agreements in the employment context, under a law adopted effective January 1, 2008 (ORS 653.295), the law now specifically states that the restrictions do not apply to agreements “not to solicit employees of the employer or solicit or transact business with customers of the [...]
An estate plan is the legal documentation to carry out your wishes and distribute your property upon your death. An estate plan also includes planning to handle your affairs during any time when you are unable to do so, directions to medical care providers regarding decision making, and if you still have minor children, states [...]