How long are non compete clauses valid?

I was fired in September 2010 after three months of working in staffing assistant/sales role at an agency here in Columbus. For the first two months I assisted with filling job orders and contacting temporary employess. After 2 months I moved into a sales role and still assisted in helping fill job orders and sourcing candidates.

I would like to open a telephone names sourcing service. In this role I would be helping agencies find passive candidates to interview.

I signed a non compete agreement. The owner never gave me a copy of it. They are also fighting me on every level of my unemployment claims. We do have a hearing scheduled. ODJFS has found in my favor becuase they have not produced any documentation that supports their claim for terminating my employment.

What is a reasonable time frame for a non compete clause to be valid? I did not recieve any training from them. It has been nearly 5 months since my termination.

1 answer  |  asked Feb 7, 2011 08:17 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
A non-compete agreement will be enforced in Ohio provided it meets the legitimate needs of the employer and are not an excuse to stifle normal marketplace competition. You do not say what the terms of the non-compete are, and it does seem that a court would have a hard time with any lengthy term based upon working for 3 months. Most courts would look at the training you received and the proprietary techniques of the employer in looking at the non-compete. It is worth it to see an employment lawyer to get this focused for you.

You can select one near you at www.oelasmart.netdirectory

posted by Bruce Elfvin  |  Feb 7, 2011 09:49 AM [EST]

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