Duration & Geography

What is a reasonable duration under Ohio law for enforcement of a non-compete agreement in Ohio?

If different services and products are offered can it technically be considered a competitive situation?

What is considered a reasonable geographical area for enforcement of a non-compete agreement under Ohio law?

1 answer  |  asked Oct 16, 2003 09:18 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Reasonableness depends on the circumstances.

The answer to each of your questions is "it depends." Reasonableness of duration depends on how long it will take your former employer to protect its relationships with customers, if you are in a customer service business. As a general rule, duration of less than one year is reasonable, more than three years is not.

A reasonable geographic area would be that in which the former employer operates or has tangible plans for operating.

As for different services or products, it depends on whether those services or products could be substitutes for what the former employer sells.

At bottom, non-compete analysis is fact specific. The specific facts revolve around protection of the employer's interests. If your new employment is in the same industry but a different niche or location, the former employer may not get too far in asking for an injunction to keep you from working.

If you would like a more specific answer, feel free to call Bev to schedule a consultation. I am willing to do a consultation by phone if traveling to Akron is a hardship for you. However, you generally will learn more if we can meet face to face.

posted by Neil Klingshirn  |  Oct 16, 2003 12:34 PM [EST]

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