non compete question

I am a manicurist with an independant contractor's license in the state of Ohio, and I am about to sign a lease agreement to RENT space in a salon in Ohio. The owner/landlord has put a non compete paragraph within the lease. Can this be enforced since I won't be an "employee"? (It's for 1 year, and a 5 mile radius)

1 answer  |  asked Jul 24, 2007 11:09 PM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Neil Klingshirn
Non-competes can bind independent contractors and lessees

A non-compete agreement is a contract. As long as the contract meets the requirements of a valid contract (offer, acceptance and consideration), a court will enforce it, subject, however, to the usual requirement that the restrictions imposed by the non-compete is not greater than that necessary to protect the other party's legitimate business interest.

A lease is, technically, not a contract. However, a non-compete agreement contained in a lease probably is a contract and therefore, as stated above, will be generally enforceable. Thus, if you are renting space from another manicurist or someone else who has a legitimate interest in avoiding competition with you, do your best not to sign the non-compete unless you are willing and able to abide by the restrictions in it once your lease agreement is over.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Jul 25, 2007 08:40 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500