Enforceability of Non-Competition Agreements Under Ohio Law


In my post last week about the risks and liabilities of under taking fundamental changes to a business without proper legal advice, I glazed over an important issue covered in the AmericareHealthcare Servs. v.Akabuaku, 2010 Ohio5631, No. 10AP-777 (10th Dist.November 18, 2010) case regarding the enforceability of non-competitionclauses in employment contracts. Non-competition agreements (also called"non-competes" and "covenants not to compete") are contractual agreementsthat require employees to agree not to engage in competitive activities after termination of an employment agreement. In this post, I cover the validity ofnon-competes and some of the requirements and limitations that existregarding these provisions under Ohio law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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