non-compete clause in Ohio

2006Even acknowledging some factual differences, the non-compete clause was not enforced against these two employees, one of whom quit to start her own shop." {¶ 17} The trial court then went on to hold the following: {¶ 18} "I am, however, more persuaded by the Defense argument under Raimonde v. Van Vlerah (1975), 42 Ohio St.2d 21 that the non-compete clause is unreasonable and unenforceable.

2002Id. {¶ 34} As such, the decision of the trial court is reversed and this matter is remanded to determine whether the non-compete clause of the employment agreement is reasonable pursuant to Raimonde .

2008Cf. Brentlinger Enterprises v. Curran (2001), *Page 8 141 Ohio App.3d 640 , 653 (public may be harmed where enforcement of a non-compete clause would result in an employer having a near monopoly for its products or services in a given market).

2007Brentlinger Enters. v. Curran (2001), 141 Ohio App.3d 640 , 649 . *Page 6 {¶ 12} Here, the record demonstrates that American failed to demonstrate that Trebec breached the non-compete clause.

2024Peat Marwick Main & Co. v. Haass, 818 S.W.2d 381 (1991); Wright v. Sport Supply Group, Inc., 137 S.W.3d 289 (Ct. Apps. 2004) (non-compete that extends to clients with whom salesman had no dealings with during his employment is unenforceable); U.S. Risk Ins.

2024Henshaw v. Kroenecke, 656 S.W.2d 416 (1983); D’Onofrio v. Vacation Publications, Inc., 888 F.3d 197 (5th Cir. 2018). {¶34} The language Photon uses to support its argument that it is a competitor of Andela also demonstrates the non-compete clause is overbroad and unenforceable.

2024Henshaw v. Kroenecke, 656 S.W.2d 416 (1983); D’Onofrio v. Vacation Publications, Inc., 888 F.3d 197 (5th Cir. 2018). {¶34} The language Photon uses to support its argument that it is a competitor of Andela also demonstrates the non-compete clause is overbroad and unenforceable.

2024Peat Marwick Main & Co. v. Haass, 818 S.W.2d 381 (1991).

2024Peat Marwick Main & Co. v. Haass, 818 S.W.2d 381 (1991); Wright v. Sport Supply Group, Inc., 137 S.W.3d 289 (Ct. Apps. 2004) (non-compete that extends to clients with whom salesman had no dealings with during his employment is unenforceable); U.S. Risk Ins.

2024Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 38 , 108 S.Ct. 364 , 98 L.Ed.2d 286 (1987); see also Carothers, 2023-Ohio-1907 , 215 N.E.3d 1217, at ¶ 41-46 (although appellant did not specifically ask for non-compete clause to be rewritten, where the issue submitted to arbitration was 21. the enforceability of the non-compete and where the arbitration clause contained no restriction to be fashioned by the arbitrator, the arbitrator was found to have the authority to issue an advisory opinion and to order revisions to the geographic and temporal restrictions in the partnership agreement’s non-comp

2024Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 38 , 108 S.Ct. 364 , 98 L.Ed.2d 286 (1987); see also Carothers, 2023-Ohio-1907 , 215 N.E.3d 1217, at ¶ 41-46 (although appellant did not specifically ask for non-compete clause to be rewritten, where the issue submitted to arbitration was 21. the enforceability of the non-compete and where the arbitration clause contained no restriction to be fashioned by the arbitrator, the arbitrator was found to have the authority to issue an advisory opinion and to order revisions to the geographic and temporal restrictions in the partnership agreement’s non-comp

2023Shumaker argued that whether the partnership agreement is “overbroad” and should be “refined” was not specifically submitted to the arbitrator to resolve. {¶ 34} In response, Carothers argues the scope of the non-compete clause was submitted to the arbitrator, briefed to the arbitrator by the parties, and no trial court error occurred “by refusing to modify an award it was powerless to modify[.]” 20. {¶ 35} The trial court shall order modification or correction of an arbitration award if, “‘The arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting th

2023Shumaker argued that whether the partnership agreement is “overbroad” and should be “refined” was not specifically submitted to the arbitrator to resolve. {¶ 34} In response, Carothers argues the scope of the non-compete clause was submitted to the arbitrator, briefed to the arbitrator by the parties, and no trial court error occurred “by refusing to modify an award it was powerless to modify[.]” 20. {¶ 35} The trial court shall order modification or correction of an arbitration award if, “‘The arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting th

2023There is also no dispute that Carothers knew that he would not be able to receive the “retirement income” payments upon his joining his new firm at the time he resigned from Shumaker. {¶ 20} The trial court’s decision described how the parties submitted to the arbitrator the issue of whether the non-compete clause impacted “benefits upon retirement.” The trial court further described that in reaching his decision, after consideration of the evidence and law presented, the arbitrator answered pertinent questions as follows: whether the benefits under the “retirement income” clause constituted “

2023There is also no dispute that Carothers knew that he would not be able to receive the “retirement income” payments upon his joining his new firm at the time he resigned from Shumaker. {¶ 20} The trial court’s decision described how the parties submitted to the arbitrator the issue of whether the non-compete clause impacted “benefits upon retirement.” The trial court further described that in reaching his decision, after consideration of the evidence and law presented, the arbitrator answered pertinent questions as follows: whether the benefits under the “retirement income” clause constituted “

2023Shumaker argued that whether the partnership agreement is “overbroad” and should be “refined” was not specifically submitted to the arbitrator to resolve. {¶ 34} In response, Carothers argues the scope of the non-compete clause was submitted to the arbitrator, briefed to the arbitrator by the parties, and no trial court error occurred “by refusing to modify an award it was powerless to modify[.]” 20. {¶ 35} The trial court shall order modification or correction of an arbitration award if, “‘The arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting th

2023Shumaker argued that whether the partnership agreement is “overbroad” and should be “refined” was not specifically submitted to the arbitrator to resolve. {¶ 34} In response, Carothers argues the scope of the non-compete clause was submitted to the arbitrator, briefed to the arbitrator by the parties, and no trial court error occurred “by refusing to modify an award it was powerless to modify[.]” 20. {¶ 35} The trial court shall order modification or correction of an arbitration award if, “‘The arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting th

2023There is also no dispute that Carothers knew that he would not be able to receive the “retirement income” payments upon his joining his new firm at the time he resigned from Shumaker. {¶ 20} The trial court’s decision described how the parties submitted to the arbitrator the issue of whether the non-compete clause impacted “benefits upon retirement.” The trial court further described that in reaching his decision, after consideration of the evidence and law presented, the arbitrator answered pertinent questions as follows: whether the benefits under the “retirement income” clause constituted “

2023There is also no dispute that Carothers knew that he would not be able to receive the “retirement income” payments upon his joining his new firm at the time he resigned from Shumaker. {¶ 20} The trial court’s decision described how the parties submitted to the arbitrator the issue of whether the non-compete clause impacted “benefits upon retirement.” The trial court further described that in reaching his decision, after consideration of the evidence and law presented, the arbitrator answered pertinent questions as follows: whether the benefits under the “retirement income” clause constituted “

2021Despite the Agreement stating Mr. Hall is an at-will employee when he was an independent contractor, “the parties’ characterization of their relationship in the [Agreement] is not controlling.” Hope Academy Broadway Campus v. White Hat Mgt., L.L.C., 145 Ohio St.3d 29 , 2015-Ohio-3716 , 46 N.E.3d 665, ¶ 41 . {¶ 39} The First District Court of Appeals determined that an independent contractor who can be terminated without cause is comparable to an at-will employee, and continued employment constituted sufficient consideration for an independent contractor agreement containing a non-compete claus

2021Despite the Agreement stating Mr. Hall is an at-will employee when he was an independent contractor, “the parties’ characterization of their relationship in the [Agreement] is not controlling.” Hope Academy Broadway Campus v. White Hat Mgt., L.L.C., 145 Ohio St.3d 29 , 2015-Ohio-3716 , 46 N.E.3d 665, ¶ 41 . {¶ 39} The First District Court of Appeals determined that an independent contractor who can be terminated without cause is comparable to an at-will employee, and continued employment constituted sufficient consideration for an independent contractor agreement containing a non-compete claus

2021Cos., 86 Ohio St.3d 270 , 714 N.E.2d 898 (1999) (enforcing a non-compete clause in a corporate agency agreement between Nationwide and an independent contractor).

2021Cos., 86 Ohio St.3d 270 , 714 N.E.2d 898 (1999) (enforcing a non-compete clause in a corporate agency agreement between Nationwide and an independent contractor).

2014UZ Engineered Products Co. v. Midwest Motor Supply Co., Inc., 147 Ohio App.3d 382 , 2001-Ohio-8779 , 77 N.E.2d 1068 , ¶ 39 (10th Dist.).

2002Chrysalis Health Care, Inc. v. Brooks (1994), 65 Ohio Misc.2d 32 , 640 N.E.2d 915 .

2002Chrysalis Health Care, Inc. v. Brooks (1994), 65 Ohio Misc.2d 32 , 640 N.E.2d 915 .

2002Ohio), Avery Dennison Corp. v. Kitsonas, (S.D.Ohio 2000), 118 F. Supp.2d 848 . {¶ 23} In Copeco, supra, the employee was presented with an employment agreement containing a non-compete clause a few days after he was hired.

2002The Fifth Appellate District, in Copeco, Inc. v. Caley (1992), 91 Ohio App.3d 474 , 632 N.E.2d 1299 held that an employment agreement containing a covenant not to compete was supported by sufficient consideration where the employees risked being fired if they did not sign the agreement.

2002The Fifth Appellate District, in Copeco, Inc. v. Caley (1992), 91 Ohio App.3d 474 , 632 N.E.2d 1299 held that an employment agreement containing a covenant not to compete was supported by sufficient consideration where the employees risked being fired if they did not sign the agreement.