Reasonable length of time for a non-compete

[jdd]

What is the name of your state? Live in MD

I work for an engineering service provider company registered in Ohio, subject to the laws of Ohio. I signed a non-compete contract that prevents me from earning a living in my profession for two years (anywhere within the Milky Way Galaxy) as a consulting engineer providing troubleshooting services in oil refineries.

1. Is two years generally considered to be a reasonable length of time in most courts?

2. If I live in MD but work as an independant engineering consultant in PA for a PA refinery site (or in a foreigh country), am I still bound by the Ohio non-compete? The companies I would provide service to are end users of services that in no way compete with the Ohio company.

 

[seniorjudge]

What is the name of your state? Live in MD

I work for an engineering service provider company registered in Ohio, subject to the laws of Ohio. I signed a non-compete contract that prevents me from earning a living in my profession for two years (anywhere within the Milky Way Galaxy) as a consulting engineer providing troubleshooting services in oil refineries.

1. Is two years generally considered to be a reasonable length of time in most courts?

2. If I live in MD but work as an independant engineering consultant in PA for a PA refinery site (or in a foreigh country), am I still bound by the Ohio non-compete? The companies I would provide service to are end users of services that in no way compete with the Ohio company.

1 Yes
2 The Milky Way Galaxy is a bit large; noncompete clauses have to be reasonable as to time and space. It seems they were overreaching in the geographical area.

 

[jdd]

Thanks, senior judge. Can you comment on the PA scenario in which I would be working as an independant consultant providing services to a company that does not compete with the OH company?

 

[seniorjudge]

Thanks, senior judge. Can you comment on the PA scenario in which I would be working as an independant consultant providing services to a company that does not compete with the OH company?

No, you should have a lawyer look this over.

I couldn't even begin to guess.

 

[olgethorpe]

Although I can't site specific cases right now, we did research this for an Ohio company a few years ago. Ohio courts have found that 6 months is a "reasonable" time frame...and they have determined non-competes should subject to a "reasonable" geographic area (like within 50 miles of the office)...and should only be binding if some compensation was given for signing it (other than just having a job).

IMHO, unless you took a contract on personally as the result of info provided by the service firm, they'll have a hard time enforcing this agreement. However, recognize that we have the best legal system money can buy...so if they've got more money to spend on lawyers than you, you might lose if they take it to court.

 

[jdd]

Thanks, olgethorpe. I appreciate the additional info.