Can't Work With Former Employees???

I'm being let go and looking for work with companies that DO NOT compete with my former employer. That said, my non-comp has a clause that states I will not "employ, assist in the employment of or OTHERWISE ENGAGE IN BUSINESS WITH" present, FORMER or future employees.....well if I can't work for a company that employs ex's from my former company I have to scratch about 12 local companies off of my search for new employment. Sure seems like undue hardship to me and a barrier to my earning a living....thoughts?

2 answers  |  asked Sep 22, 2010 7:00 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
There is a great deal of discussion in this Q & A section concerning the non-compete laws of Ohio. I suggest perusing the archives to get an idea of the problems these agreements can create. Also, the only way to understand whether the agreement is enforceable is to have an experienced employment attorney look at the language and provide you with a legal opinion. As I have stated on this website numerous times, don't mess with this stuff by yourself. It can rise up a bite you.

This 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  |  Sep 25, 2010 11:17 AM [EST]
Bruce Elfvin
Ohio law protects the legitimate interests of the employer, no more no less, if you are let go and are looking for work it is different than you and 3 fellow employees going out to start a competing business. So, remember that Ohio courts will rewrite non-competes if needed to be reasonable. If your actions are reasonable and not designed to injure the former employer then it is unlikely that you will attract any attention.

You can find an employment lawyer near you at

posted by Bruce Elfvin  |  Sep 23, 2010 06:38 AM [EST]

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