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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Effect of a Vague Non-Compete Agreement

    I'm currently for a company (A) and we have a client who pays monthly for us to manage their website. There contract runs out with company (A) at the end of the fiscal year. They want to hire me full time to manage their website as an employee instead of signing another contract with company (A). I have had several people look at the non-compete below and they all say I should be fine since I'm not working for another company like company (A) and not selling the same services.

    Let me know what you think.

    During the terms of this agreement and upon any termination of this Agreement, for any reason whatsoever, the EMPLOYEE shall not, directly or indirectly, enter into, engage in, or be associated in any way with sales of any product or service marketed by EMPLOYER, either as an individual, partner, joint venture, employee, officer, or agent for any person, firm, or entity for a period of twenty-four (24) months following the date of any termination of this Agreement in the State of Ohio or any bordering state of Ohio. This covenant not to compete shall apply to existing clients, products and services or clients or products or services under development or in negotiations by EMPLOYER at the time of termination of this Agreement. This agreement does not restrict EMPLOYEE from working after termination of this agreement for an partnership, corporation, or joint venture so long as the partnership, corporation, or joint venture was already well established at time of EMPLOYEE’s termination and the EMPLOYEE does not hold any ownership interest, profit sharing or similar compensation for that company before or at time of termination or for a period of twenty-four (24) months following date of termination.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Effect of a Vague Non-Compete Agreement

    The prohibition seems to apply only to sales of services. That said, if you want a definitive interpretation you will need to have the entire agreement reviewed by an employment or business lawyer in your state.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Effect of a Vague Non-Compete Agreement

    Ohio courts uphold noncompetes to the extent that they're necessary to protect an employer's legitimate interests, don't impose an undue hardship on the employee and aren't injurious to the public.

    As stated by the other responder, you'll need to have the agreement reviewed by an attorney (ie employment or contract attorney) in your area for his/her opinion.

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