Non-Compete Biding Withrelation to Time and Area

[lostinmaddness]

My question involves labor and employment law for the state of: Ohio
I had to sign a non-compete with a company I no longer work for. I was made to sign it a year after being hired. no consideration was given to me for the signing. it states that I cannot work for directly or indirectly any other company operating in the industry offering the same services or for any client or potential client within a 35 mi radius for a period of three years. I had come from another part of the country and ran a business offering similar services and had chose to move to Ohio for family reasons. Can this be enforced ? I have been in this business for over 25 years and wish to start another here as this is where my skills have been perfected.

[ESteele]

You appear to have two different threads with similar questions. Unless the questions involve two separate employment relationships, I do not appreciate why you did not bundle the queries together.

Nonetheless, you need to consult directly with an employment law attorney. He or she can likely review the document and advise you whether the Ohio courts would enforce such an agreement. FWIW, the three year ban appears problematic. But, again, local counsel can probably diagnose this situation quickly and expertly.

One final point: You did, in fact, receive “consideration” for signing the non-compete agreement by virtue of your continued employment with this company. The fact your former employer asked you to sign the agreement after you had worked for the company for over a year is not dispositive. Your continuing to earn income as a result that then ongoing employment relationship constituted sufficient consideration from a contract law point of view.

[lostinmaddness]

Thank you, I will be looking for an attorney. I was wondering if the continued employment constituted "consideration". this is problably why he waited. Do you agree ? would it be considered consideration without notification ?

[ESteele]

Yes. Normally, an employer can require an existing employee to sign a non-competition agreement, and an employer can rely on his or her continuing employment as the requisite consideration in order to satisfy the consideration requirement in a contract formulation. Moreover, the employer does not have to explain this consideration dynamic when the non-competition agreement is presented to the employee.