Legally Enforceable?
Yes, a non-compete is enforceable in Ohio. The Supreme Court ruled the following:[1]
“Ohio has recognized the validity of agreements that restrict competition by an ex-employee if they contain reasonable geographical and temporal restrictions.”
A non-compete is enforceable if:[2]
- The restraint is no greater than is required for the protection of the employer;
- Does not impose undue hardship on the employee; and
- Is not injurious to the public.
An attorney cannot enter into a non-compete or any similar agreement that prohibits them from practicing law.[3]
A non-compete agreement with the promise of continued employment is deemed as sufficient consideration.[1]
Time and Geography Restrictions
Blue Penciling
If a non-compete is written to be overbroad or unreasonable a court may enforce the reasonable portions. The court expressly states:[2]
“The “blue pencil” test provides that if unreasonable provisions exist in such a contract, they may be stricken, if divisible, but not amended or modified.”