Are Non-Compete Agreements Enforceable in Ohio?

Elliott Stapleton Employment Law

In short, yes.  It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement.  However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer.  If the agreement appears too broad as to duration or geographic scope, the courts are permitted to engage in the reasonable redrafting of the agreement.

Generally, a non-competition agreement is considered reasonable if (1) the restraint is no greater than is required for the protection of the employer; (2) it does not impose an undue hardship on the employee; and (3) it is not injurious to the public.

Non-competition agreements are an effective and permissible way to protect your business interests.  If your business needs this agreement, or if you have questions regarding this type of agreement, schedule a free consultation with our attorneys.

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About the Author

Elliott Stapleton

Elliott is a partner in the firm of Cornetet, Meyer, Rush and Stapleton serving clients throughout Ohio. Elliott's business clients range from small single member companies to large privately-held businesses. CMRS Law provides legal services which include advice on Business Formation and Transactions, Real Estate Transactions, Trademark Law, Copyright Law, Estate Planning, Trust Administration, Probate Administration, and Succession Planning. CMRS Law serves clients at two locations: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246 and 2101 Grandin Road, Suite A, Cincinnati, OH 45208