Is this enforeceable
Hi
I signed a non-compete agremment with an OH company that in pertinent part states that: I 'shall not provide the same or similar services as those he/she provides to OH COMPANY to any other person or entity during the term of this Agreement and for twelve (12) months thereafter' .
I was an independent contractor who didn't end up doing any work for them although I did get training from them.
The 12 month are not over but I want to start my own business doing the same thing the company did. I live in CA but there's on OH choice of law.
Should I go ahead and start my biz or could the OH company successfully sue me?
Answers (1)
Essentially, in Ohio, these agreements ARE enforceable and you could be successfully sued. And believe me, this will really ruin your day.
There are other "pertinent part[s]" in the agreement. I suggest that you engage an Ohio employment attorney to review and give you an opinion regarding the enforceability of the contract. Otherwise, it may cost you a whole lot of time, expense and emotional capital to fend off legal action.
Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087
phone: 216-923-0333
fax: 330-405-0907
email: nsrubinlaw@hotmail.com
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
posted by Neil Rubin | Oct 23, 2010 1:27 PM [EST]
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