Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Ohio?

Yes. Non-compete agreements are enforceable in Ohio for the purposes of restricting unfair competition by a former employee. The Supreme Court has established three rules that all non-compete agreements must abide by to be legally enforceable.

  1. The restrictions can be no greater than necessary to protect the employer’s business interests.
  2. The contract cannot impose undue hardship on the employee.
  3. The non-compete agreement cannot injure the public.

Lawyers are the only the profession in Ohio that are prohibited from entering non-compete agreements or any other agreement.

How Long Does an Ohio Non-Compete Agreement Last?

The duration of a non-compete agreement depends on the geographic boundary. Typically, the longer the contract lasts, the smaller the boundary must be to be deemed reasonable by the court. In Ohio, non-competes that last for five years have been ruled reasonable when the geographic boundary is limited to a city or town.

How Do You Get Around a Non-Compete Agreement in Ohio?

To get around a non-compete agreement in Ohio, an employee must show that the agreement fails to meet the requirements of one of the three rules established by the Supreme Court of Ohio.

If the employee can successfully show that the agreement is overly broad and restrictive, imposes an undue burden, or somehow injures the public, a court may deem the agreement unenforceable.

What Voids an Ohio Non-Compete Agreement?

Like any contract, a non-compete agreement in Ohio will be declared void if it was not entered into by the employee voluntarily. Employers cannot use coercion or threats to force employees to sign a non-compete agreement. In addition, contracts if it is found that fraud or misleading statements were used to entice an employee to sign the contract, the contract will be ruled void and unenforceable.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in Ohio?

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Gary is the Founder and Principal Attorney at New Ridge Law, where they understand that navigating the legal landscape can be daunting for small businesses—but it doesn’t have to be. The mission at New Ridge is to simplify the complexities, providing clear, affordable, and practical guidance so you can focus on what you do best: growing your business and serving your clients. From business formation and contracts to compliance and dispute resolution, you can move forward with confidence, knowing you have a trusted partner by your side.

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Employment

Noncompete Agreement

Connecticut

Asked on Jun 3, 2023

Noncompete agreement and promotions?

I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.

Thomas L.

Answered Jun 16, 2023

It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.

Read 1 attorney answer>

Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

Noncompete agreement and severance packages?

I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.

Diane D.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

California

Asked on Sep 12, 2022

i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

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Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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Employee Rights

Noncompete Agreement

Washington

Asked on Jan 19, 2025

Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?

Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.

Merry K.

Answered Jan 28, 2025

I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true

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