If a previous employer sends you business is their non compete still valid?

I agree with Neil's general approach, but it is imperative that you speak with an employment lawyer now, with the threat of a lawsuit to discuss the terms and actual facts. In general non-competes are to be designed to protect the legitimate interests of an employer, and not to prevent someone from making a living. The term (5 years) is excessive, and an Ohio court will "blue pencil" or re-write the agreement to meet its sense of fairness and propriety.

You can select an employment attorney near you at www.oelasmart.net/directory
as I do not know where in Ohio you are.

posted by Bruce Elfvin  |  Jun 25, 2010 2:43 PM [EST]

If your former employer sent business to you even though your non-compete with the former employer prohibited you from taking that business, a court would probably treat your employer as having waived its right to seek enforcement of the contract with respect to that business. However, waiving a contract right today does not necessarily waive it for all time into the future, so your former employer might be able to use it to prevent you from continuing to accept that business, once it withdraws the waiver.

To get a clear idea of your rights in this situation, consider a new book that I am just now finishing, called Unlock Non-Competes: Keys to Escape. I am attaching the Table of Contents and Introduction. The publisher is making final corrections, but I can sell you a near to final version as a pdf via PayPal if you like. Contact me at Neil@fklaborlaw.com if you want to do that.

posted by Neil Klingshirn  |  Jun 21, 2010 09:44 AM [EST]
Attachment: unlock_non-competes_-_toc_and_intro.pdf