Cincinnati Non-Compete Agreement

Generally speaking, in Ohio, a covenant not to compete means that the employee will agree not to work for any of their employer's competitors when leaving the company. Such agreements are also known by the term "non-compete clauses". Compensation might be paid for employees who sign the covenant, or at times the employment might be conditioned upon such an agreement.

When are Covenants not to Compete Unenforceable?

Whether a given judge will enforce a non-compete agreement is difficult to discern in advance. While employer's interest are important, the courts of Ohio also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Some provisions that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around Cincinnati that is unreasonably broad.

Non-compete clauses are also limited in that they may only apply to competitors who are rationally related to the industry of the employer. Finally, the employer needs to have an acceptable business purpose which justifies their motives in requiring their employee to sign a covenant not to compete.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before signing anything that may restrict your rights, you might want to hire a Cincinnati, Ohio attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or might even draft a new one that is acceptable to both parties A lawyer can also render useful advice for employers who are contemplating suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.

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Life in Cincinnati

Cincinnati is the county seat of Hamilton County, Ohio. It has a population of over 333,000 which makes it the third-largest city in Ohio (behind Columbus and Cleveland).

In the early 19th Century, when the U.S. was rapidly expanding westward, Cincinnati became the first "boomtown" (a community that experiences sudden and massive population and economic growth) in what was then the western frontier to rival the more-established cities of the East Coast in size and wealth.

Before railroads were common, steamboats which traveled along the country's larger rivers were the predominant method of mass transport. Cincinnati, being near the Ohio River, was a major transportation hub. However, when railroads became more predominant, Cincinnati's importance in the transport industry waned, and it was quickly surpassed in population by nearby cities, such as Chicago.

Modernly, Cincinnati, Ohio is no economic slouch, and hosts headquarters or major satellite offices of many large, multinational corporations, such as Macy's, Proctor and Gamble, and The Kroger Company (a large supermarket chain, and parent company of a few smaller, regional chains).

Being a relatively large city, there are plenty of lawyers in Cincinnati, Ohio who can handle just about any legal problem that can possibly come up. While no single lawyer can handle every type of case, there are enough specialized Cincinnati, Ohio lawyers that there's at least one who can handle yours.

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When are Covenants not to Compete Unenforceable?