Can I be held to a noncompete contract If I was laid off?

After being on medical leave (fmla) I was laid off
do to not having enough work. But after appling for another job myfromer employer is saying I'm under a noncompete contract for 12 months. Iam getting unemployment but it isn't covering the bills so I need to go back to work. I'm a sevice technician and have been one for the past 26 years so this is all I know to do. Is this legal?

1 answer  |  asked Jun 16, 2011 3:15 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
I do not know if my first answer went through. You former employer is only entitled to a non-compete which protects its legitimate interests from unwarranted taking. In essence a non-compete cannot merely restrict normal competition, but must protect a legitimate interests of the employer.

You need to see an employment lawyer near you. You can select one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Jun 16, 2011 3:28 PM [EST]

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