Temporary Restraining Order to enforce non-compete and confidentiality agreements

[anitatan]

My former Ohio employer who is a manufacturer of industrial products inform me today that there is a hearing tomorrow at the Common Pleas Court on a motion for temporary restraining order. I have been unemployed for 5 months mow and living in
Malaysia. The non-compete and confidentiality
agreements for four years without mention of geographical scope I signed are written that it be governed and interpreted according to Ohio laws. However, I am not competing nor joining competitors nor giving confidential information of my former employer. What I am doing is attempting to start a neutral third party e-commerce internet hub in a broader industry. All customers and suppliers can participate once completed. What is the readers advice as I cannot afford to hire lawyers. If the Ohio Common Pleas judge do grant the order without the chance of my presence or representation, can it be enforceable outside the U.S.? If I stop what I am doing, I will have potential loss of future income. It is almost slim for me to find another job as I an in the early 50's.

 

[Attorney_Replogle]

To began with, are you in Malaysia with the intention of making that your home? In other words, it sounds like you are no longer a resident of Ohio. Possibly not a citizen of the United States. So what I am getting at is; I don't see how the Ohio court could have the legal right to make decisions affecting you personally. This is called personal jurisdiction, and I think the Ohio court is lacking it. Next, you are not yet in business on the web so I don't see the need for the TRO. Also, even if you were in business on the web, I don't see how an Ohio court could consider your internet site to be doing business in their state, thus making you subject to their laws. Lastly, I too am not sure that the former employer can try to make the non-competition agreement world wide in scope.

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Mark B. Replogle

 

[anitatan]

Mark - Thank you for your comments. Yes, Malaysia is my home and I am not a U.S. Citizen. My former employer cleverly or
deceptively wrote on the motion that I will be competing by offering similiar products
and never mentioned that I am attempting to
do a neutral third party e-commerce hub. Former employer has office in Malaysia and
customers in Asia. I was just informed today
by the employer that the judge issued the temporary restraining order and there will be a hearing in Ohio on March 5 for a preliminary injunction. What should
I do now and what would be best strategy? Mark and readers, please advise. This is a
harrassment to prevent me to seek a livelihood. Can the TRO or preliminary injunction from Ohio be legally served on me
outside USA?

 

[anitatan]

----------- URGENT --------------------------
Let me give some more backgound. When I signed the non-compete and confidentiality agreements with the Ohio former employer, I was working in Ohio for them and it
was during my termination release. The agreements stated that it be interpreted, governed, and under the jurisdiction of Ohio laws. I never have the chance to understand the significance. I was only given five days to sign and was under pressure by the former employer. Since I am now in MALAYSIA and unemployed, I cannot afford to come to Ohio to defend myself but I am willing to defend in Malaysia. What is your recommendation and advice to get out from the Ohio Court juridiction issue? Can I ignore any order from the Ohio Court should they issue the preliminary injunction against me?