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Non-compete enforceable??

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D

dentar

Guest
I live in Ohio. AFTER I was hired and had worked a couple of weeks, I was made to sign a non-compete. I was not aware of the non-compete until after I started working for the new company. The consideration given for the non-compete was the employment itself.

The company has since (five years) switched hands to people who do not know what they are doing. They have frozen raises until further notice, have quit contributing to the 401k and have laid off several workers. One person left to go to a customer and they waived the non-compete. Another was "fired" (not laid off, but fired for political reasons) and they let her non-compete go too.

It's time for me to leave, but all the opportunities I can find can be interpreted as "competition" or are with clients. Since they have let two previous non-competes go, can they enforce mine?

And since I was made to sign it AFTER I started working there, without being told beforehand about it, by the previous owners, can they enforce it or do I stand a good chance of winning any sort of litigation?

:confused:
 


L

loku

Guest
IT'S TIME FOR ME TO LEAVE, BUT ALL THE OPPORTUNITIES I CAN FIND CAN BE INTERPRETED AS "COMPETITION" OR ARE WITH CLIENTS. SINCE THEY HAVE LET TWO PREVIOUS NON-COMPETES GO, CAN THEY ENFORCE MINE?
If their agreement with you is otherwise valid, they can enforce yours even after not enforcing the others.

AND SINCE I WAS MADE TO SIGN IT AFTER I STARTED WORKING THERE, WITHOUT BEING TOLD BEFOREHAND ABOUT IT, BY THE PREVIOUS OWNERS, CAN THEY ENFORCE IT?
Same answer as above, if their agreement with you is otherwise valid, they can enforce yours even if you signed it after starting to work there.

DO I STAND A GOOD CHANCE OF WINNING ANY SORT OF LITIGATION?
In both answers above, I said if the agreement is otherwise valid. First of all, some states prohibit such agreements. If Ohio is one of those (and I could find nothing in the labor code prohibiting such agreements), then the agreement is not binding on you. Also, if the territorial or time limitations on competition are unreasonable, the agreement, at least as to the unreasonable provisions, would not be binding.

To find out if such agreements are valid in Ohio, contact an Ohio employment law attorney, or try the Ohio Department of Labor. For contact info. At the Ohio Department of Labor, go to http://www.politicsol.com/govsites/state-labor-depts/oh.html.
 

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