Osborne v. Brown & Saenger, Inc.

Tufte, Justice.

[¶1] Dawn Osborne appeals from the district court’s order granting Brown & Saenger, Inc.’s motion to dismiss for improper venue. We reverse under N.D.C.C. § 28-04.1-03(5), concluding the forum-selection clause in the parties’ employment agreement violates North Dakota’s public policy against non-compete agreements. The non-compete clause is unenforceable under N.D.C.C. § 9-08-06 to the extent it limits Osborne from exercising a lawful profession, trade, or business in North Dakota.

I

[¶ 2] In 2011, Brown hired Osborne as a sales representative in its Fargo office to sell office…