Can a noncompete be enforced if a company lay's an employee off?Would being on uneployement be a good argument (against public interest)?

I was layed-off from my company and had a non-compete.I had certifications prior to my employment with this co.Also being on unemployment i am required by the state to search for work in my trade.If i left their customers alone would they have much of a chance to enforce it?

1 answer  |  asked Aug 7, 2009 07:10 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Whether or not your employer can enforce the non-compete against you after laying you off depends on the language in the non-compete agreement. If it states that you cannot compete for X years after your termination, whether voluntary or involuntary, or something to that effect, then it applies even if you were laid off. In Ohio, courts generally do not consider that as a factor in judging the reasonableness of a non-compete.

Courts will look at whether you acquired your trade through the new employment or already had it prior to the non-compete, as well as whether you have any other way of earning a livelihood.

posted by Neil Klingshirn  |  Aug 7, 2009 07:40 AM [EST]

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