Is a no compete contract void if you leave a business and then come back after 9 months?

About 4 years ago a signed a non compete contract for if I left my employment. I did leave for 9 months and then went back to the same job. I have not signed anything since I've been back for a year and a half. Would they have had to have me sign another contract to make it legal. I am interested in starting my own business and want to make sure the original contract is not in efect.

1 answer  |  asked May 6, 2003 7:15 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
The actual language of your non-compete controls.

The reach of a non-compete depends on the language in it. Many restrict an employee from competing for "one year after your employment" or language to that effect. In that case employees can argue that the non-compete clock started to tick when they first terminated their employment.

Regards,

Neil.

posted by Neil Klingshirn  |  May 7, 2003 2:11 PM [EST]

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