Does termination void a non-competition?
I was recently terminated without any reasonable cause and was wanting to know if my non-competition agreement is still valid.
2 answers | asked Aug 11, 2009 3:34 PM [EST] | applies to Ohio
Answers (2)
Your non-compete will not be automatically invalidated merely because you are terminated without reasonable cause. The company may not want to enforce it due to the current difficult economic climate. It will depend on the company, your position and the information the company would worry about. I would definitely consult with an employment attorney who can at least find out if the company will walk away without a fight.
You can select an attorney near you at www.oelasmart.net
posted by Bruce Elfvin | Aug 11, 2009 6:23 PM [EST]
You can select an attorney near you at www.oelasmart.net
posted by Bruce Elfvin | Aug 11, 2009 6:23 PM [EST]
As a matter of law, no. Could it? Perhaps. In Ohio, these non-competes can be enforced even though the employee was terminated without "reasonable cause". However, there are other issues to explore (there are many Q & As in this section that will give you the legal explanation). At this point, the absolute best thing you can do is hire an employment attorney and have this person review the actual agreement to determine the probability of enforcement.
Please, do not just take your chances. If you do, you may get bitten in the end.
posted by Neil Rubin | Aug 11, 2009 6:19 PM [EST]
Please, do not just take your chances. If you do, you may get bitten in the end.
posted by Neil Rubin | Aug 11, 2009 6:19 PM [EST]
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