ARE NON-COMPETEAGREEMENTS ENFORCEABLE IN OHIO?
Employees believe that noncompete and/or solicitation agreements are not valid and disfavored These restrictive agreements can be enforced by the Ohio Courts under certain conditions You should not assume that your noncompete or nonsolicitation agreement cannot be enforced Instead, read this article and speak to an employment lawyer You probably signed many documents when you first started work One may have contained restrictions about what you can do once your employment ends.These restrictive contracts are commonly called Non-Compete or Non-Solicitation agreements. You may think about quitting your job after working for your employer for a while. Is your noncompete agreement limiting your freedom to work where you want? Can you challenge Ohio's non-compete or non-solicitation agreements?
Non-compete agreements are common for employees working in many fields. Many employees in many fields are subject to non-compete agreements. Learn what you need to know about Ohio's non-compete law, and how you can challenge its enforceability.
Non-CompeteArrangements: The Basics

Too often, employers require employees to sign noncompete agreements to prevent them from being able to compete with their employer or to solicit customers for the employer An employer can file a lawsuit against an employee for breaching a non-compete contract and ask the court to immediately enforce the agreement Temporary Restraining Order (or Preliminary injunction)
Not all restrictions can be enforced However, not all restrictions are enforceable
Important to remember that your employer can still sue you for violating your non-compete agreement's terms, even if they find the terms unreasonable.This type of employment litigation is subject to a great deal of discretion by judges.Although the court may limit the scope of your agreement so that it does not unreasonably burden your, this process can take time.Your employer can also seek an injunction to prevent you from working anywhere else until the court rules on enforceability.You should discuss non-compete issues with your Columbus non-compete attorneys as soon as possible.
Refusing to Enforce a Non-CompeteAgreement
Your employer must prove that your non-compete agreement does not restrict your ability to work and protect your legitimate business interests These elements require that the court balance the interests of the employee in earning a living and the employer's in protecting its
business. When evaluating the reasonableness and legality of a noncompete agreement, courts also consider:
1. The geographical and temporal limitations placed on the noncompete agreement
Geographic - Non-compete agreements usually limit the geographical scope of their restrictions For example, a 5-mile radius around the employer's business
Temporal - Similar to geographical restrictions, noncompete agreements usually specify a time frame for which the agreement will remain in effect For example, it could be for one year from the date of termination.
1. It is important to determine whether the former employee was the primary or sole customer contact during employment.
Your employer can argue that you are the primary contact for customers during your employment
1 If the employee has trade secrets or confidential information;
2 What the non-compete agreement is for?
Ordinary CompetitionTwo neighbouring doctors offer attractive discounts to persuade their patients to join their practices
Unfair competition DoctorAworks for Doctor B, and establishes a client list in Doctor B's office. DoctorAquits Doctor B's job and convinces his clients to also leave Doctor B.
1 Whether the noncompete seeks to suppress the skill and experience the employee has;
Does the non-compete agreement limit your ability to use skills that you have developed on the job or do you also have to restrict you from using any pre-existing skills that you brought when you were hired.
1. If the non-compete limits the employee's only means of support.
2. These are the most common standards for industry non-compete agreements
Do you know if your field uses non-compete agreements? Is there a standard for non-compete restrictions in your field?
Courts also consider whether the enforcement of your non-compete agreement will be harmful to third parties or "injurious" for the public.Arestrictive non-compete agreement could stop a doctor from practicing medicine, for example.This will "injurious" to patients as it would mean that there are less doctors available to them. Every non-compete agreement is unique.Athorough review of each case is required to determine the terms and enforceability of the agreement You can reach an skilled employment attorney if your employment is subject to non-compete agreements and have specific questions
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