enforcement of non compete
I worked a mortgage company for about 6 months when my boss made all of the loan officers sign a non compete clause to keep our jobs of which I never got a copy of. When I told my boss I was seriously considering leaving he told me to leave and think about it. A few days later I called him and he already had my things packed and said good luck in the future. So in my eyes I was let go. Now I got a branch manager position with a company I am bringing to the same town and he is trying to enforce the clause, at the same time can he withhold my last comm check which was already in payroll before I was gone?
1 answer | asked Oct 11, 2003 09:39 AM [EST] | applies to Ohio
Answers (1)
The Ohio Supreme Court is currently considering whether a non-compete agreement signed after employment begins and with no new consideration is enforceable. If you did not receive new consideration when you signed your agreement 6 months into your employment, it may not be enforceable.
Otherwise, you non-compete is a contract. It covers what it describes, so long as necessary to protect the old employer's business interest. Therefore, if it says that it goes into effect only if you leave without cause (and not if you are fired), then you would have a good argument that it does not apply. If it is silent as to cause for termination but applies upon your termination, then the fact that you were actually fired may be irrelevant.
As for your paycheck, your employer should not be able to withhold it. Look at ORC 4113.15 (http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/1d66d/1d989/1d9c6?f=hitlist&q=4113.15&x=Advanced&opt=&skc=800000020001D9C7&c=curr&gh=1&2.0#LPHit1) for your right to your last paycheck.
posted by Neil Klingshirn | Oct 13, 2003 6:06 PM [EST]
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