Non Compete statement

You may be able to get out of the non-compete, but it may involve court

I see three potential ways out of your non-compete. Two may work but one will not.

First, the fact that your employer made you sign the non-compete after you started your job will not invalidate it. This was once thought possible, but the Ohio Supreme Court recently upheld a non-compete that was signed after employment had begun, without any consideration other than continued employment, which was considered sufficient. That is the angle that won't work.

Second, if you mean that the company is worthless in that it does not pay you when it is supposed to do so or is otherwise in material breach of its side of the non-compete agreement, Ohio law may excuse you from your obligation.

Third, if the employer is so unconcerned about protecting its business interest that it has not obtained non-competes from other employees, then it may not have enough proof of a protectible interest to justify restricting your employment.

As for staying out of court, if the non-compete language, on its face, prevents you from accepting the employment you seek, you had better budget for a court fight. Also, you should disclose the non-compete to the new employer so that it is not surprised, as the old employer can drag the new employer into the litigation. On the other hand, the new employer can be an important ally in litigation and is usually in a better position to help cover court costs.

All of that said, each of these cases is fact specific. If you would like to explore a strategy for getting away from the old employer, call for a consultation at 330.665.5445. If the hike from Youngstown is a problem, we may be able to do a consultation over the phone.

Best regards,

Neil Klingshirn.

posted by Neil Klingshirn  |  Jan 20, 2005 08:48 AM [EST]