Non-competition or non-compete clauses and agreements are some of the most common types of employment contracts. A non-compete agreement is a contract between an employee and an employer that prohibits an employee from working for a competing company or engaging in a competing business for a certain amount of time after an employee leaves a company. This usually holds true whether the employee was terminated or voluntarily quit.
In Ohio, reasonable non-compete agreements are enforceable in court, which is why it is so important that employees understand what they are signing. Enlisting the help of an Ohio employment attorney can help ensure an employee’s rights are protected.
Generally, Ohio courts will uphold and enforce non-compete agreements that are determined to be reasonable. The term “reasonable” is fact-specific and depends on many factors such as the duration of the agreement, the geographic area involved, and other circumstances. The courts will typically uphold a non-compete agreement if its restrictions:
To determine if the restrictions within a contract are reasonable, the courts take a few factors into consideration. These include:
Even if a court finds that one term in a non-compete agreement is unreasonable; it does not necessarily mean that the entire contract will be unenforceable.
It is also important that employees in Ohio understand that state law may also prevent certain forms of competition. For example, the Ohio Uniform Trade Secrets Act prevents employees from using an employer’s trade secrets in an inappropriate manner. Trade secrets are considered to be any information about the business, its processes, techniques, customer lists, or financial information that is of value to the company and that the business needs to keep confidential.
Employees must comply with this legislation, regardless of whether or not they had a non-compete agreement. As such, it is important that employees are familiar with it, particularly if they wish to stay in the same line of work after leaving their former employer.
Leaving one business to work in a similar business can become be complex in Ohio. If you want to start a business or seek employment with a company that could be construed as competing with your former company, contact our Columbus employment lawyers today. At Marshall Forman & Schlein LLC, we can explain how non-competition agreements work and the legal problems that may occur if the agreement is violated. Call us today or contact us online to schedule a meeting with one of our attorneys.
He settled a personal injury case for me for a $15000 settlement. My injuries were debilitating
The staff at this firm are incredibly kind! They also got back to me very quickly which I appreciated! Helen Robinson was absolutely wonderful and incredibly professional! She was clear and concise and answered every question I had with honesty. She made sure to explain everything in a way I…
My partner and I had worked together at a company that caused us many problems. Helen was very insightful and offered a solution to our unique problem. Everything went smoothly with Helen guiding us and the situation and we are beyond pleased with the results. We highly recommend her!
I got fantastic help from Maddie Rettig. I wish I could explain how great she was.
The staff at this firm are incredible. They want to know your story but, more than that, they want to know you. They get to know your heart and spirit so that they can serve you personally and effectively. My experience was refreshing and I felt cared for. Their work…
Would highly recommend Maddie Rettig! Very knowledgeable of all laws and regulations. She kept me informed every step of the way and was very transparent about what was going on. Very pleased customer and would refer anyone I know who needs legal counsel to Maddie!
John Marshall is a very skilled and competent attorney. I am very thankful for his professionalism, knowledge and guidance in dealing with a very difficult situation. John Marshall is someone I would highly recommend for any employment and civil rights needs.
I know, I put 5 stars on everything regarding Edward's evaluation and it seems unrealistic, but, believe me!- when you don't know whom to turn to, who can help you, and being pushed around from one attorney to another,- it is extremely satisfying to just get a moment of a…
Sam was my lawyer in a case where my employer harassed me and violated my FMLA rights. I recommend Sam because of course I won the case and got everything I wanted, but most importantly Sam will fight for you. He treated me with the highest level of respect. Sam…
Helen was excellent to work my case. She understood the circumstances and was very patient. She always kept me up to date on everything. I highly recommend her to anyone who has a similar case. Marshall Forman & Schlein LLC helped me get through a very tough situation. Very professional…
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.