Duration of time of a non compete agreement.
I have a non compete with my former employer that states I cannot sell products similar to that of the company in a specified geographical area for a period of two years. My question is in regards to the enforcement of the two year time frame? Is it more likely that only one year is enforceable?
1 answer | asked Jan 14, 2007 4:26 PM [EST] | applies to Ohio
Answers (1)
Duration of a non-compete
At one time a year or two ago a researched the length of time that Ohio courts would enforce non-competes. While every case is different, and the length of the non-compete must be related to the particular circumstances, I found that courts rarely questioned a two year non-compete and frequently enforced a three year non-compete.
Therefore, there is no hard and fast rule. While one year is more enforceable than two years, a court may find two years enforceable as well. It depends on the nature of the interest that the employer is trying to protect and other factors.
Best regards,
Neil.
posted by Neil Klingshirn | Jan 15, 2007 10:11 AM [EST]
At one time a year or two ago a researched the length of time that Ohio courts would enforce non-competes. While every case is different, and the length of the non-compete must be related to the particular circumstances, I found that courts rarely questioned a two year non-compete and frequently enforced a three year non-compete.
Therefore, there is no hard and fast rule. While one year is more enforceable than two years, a court may find two years enforceable as well. It depends on the nature of the interest that the employer is trying to protect and other factors.
Best regards,
Neil.
posted by Neil Klingshirn | Jan 15, 2007 10:11 AM [EST]
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