Enforceability of Non-Competition Agreements Under Ohio Law

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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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