Non Compete valid if fired?

[chinabloo]

What is the name of your state? OH

My husband was fired last month and would like to take a job with a competitor of his former employer. In general, is the non-compete enforceable since he was fired?

 

[BelizeBreeze]

What is the name of your state? OH

My husband was fired last month and would like to take a job with a competitor of his former employer. In general, is the non-compete enforceable since he was fired?

In general, it depends on the specific language of the Non-compete. But yes, absent any language to the contrary.

 

[cbg]

He will have to show the document to a local attorney. If you are asking whether the law unilaterally calls all non-compete agreements invalid if the employee is fired, the answer is no, it does not.

 

[JETX]

Cbg is correct in that the non-compete is not waived due to the termination.... however, courts have traditionally frowned upon restrictions placed by employers on their employees' right to find and make a living. Generally, courts will enforce non-competition agreements if:
* the employer proves that it has a legitimate business interest to protect by restricting its employees' right to compete against it;

* the restriction on the employee's right to compete is no greater than that necessary to protect the employer's business interest; and

* the covenant not to compete is supported by consideration, meaning that the employee received something in exchange for it.