This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
Ohio Sample Noncompetition and Nonsolicitation Agreement
Category:
State:
Multi-State
Control #:
US-C-9200
Format:
Word;
Rich Text
Instant download
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FAQ
Under Ohio law, noncompetition contracts are generally enforceable if they are reasonable. The question of what's reasonable is a very fact-specific one though. It depends on the particular circumstances of a given situation, and the Ohio Supreme Court has set out a legal test for courts to apply.
Non-compete agreements are enforceable in Ohio. However, there are laws in place that dictate that a non-compete agreement must be reasonable in order to protect the employee. A reasonable non-compete agreement in Ohio must: Be no greater than is required for the employer's protection of a legitimate interest.
Are Non-Competes Enforceable in Ohio? Non-compete agreements are enforceable in Ohio. However, there are laws in place that dictate that a non-compete agreement must be reasonable in order to protect the employee.
The duration prohibiting you from competing. The geographic area where you are prohibited from working. The amount of confidential information or trade secrets you were privy to. If the non-compete is attempting to eliminate unfair competition or competition in general.
I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and
To enforce your non-compete agreement against you in Court, your employer must be able to prove that the restrictions in the agreement: (1) are no greater than necessary to protect its legitimate business interests, (2) do not impose an undue hardship on you as the employee, and (3) are not injurious to the public.
Are Restrictive Covenants Enforceable? While many states deem restrictive covenants as unfair and therefore, unenforceable, this is not true in Ohio. After a ruling was made in the landmark case Raimonde v. Van Vlerah, the Ohio Supreme Court deemed restrictive covenants as fair and enforceable.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.
Accordingly, Ohio courts enforce non-solicitation provisions if they are both: Necessary to protect employers' legitimate business interests. Reasonable.
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
