Is my non-compete still enforceable?

I signed a non-compete with a company, but worked for a division of the company, that division has been sold and all the employees had to reapply. Is the non-compete still enforceable? I have not reapplied with them or signed a new non-compete.I'm currently on leave from the company and was fired back in January due to my leave, but I'm being asked to reapply.

1 answer  |  asked Sep 23, 2010 09:59 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
In general a non-compete would transfer with the sale of the division as an asset of the division. If you did not reapply then your non-compete would start to run. Ohio is a "blue pencil" state and that allows judges to rewrite any part of the non-compete to match the legitimate interests of the former employer.

You can select an employment lawyer near you at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Sep 24, 2010 09:34 AM [EST]

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