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Can I require employees to sign non-compete agreements in Ohio? What are the requirements?
Requirements for Non-Compete Agreements in Ohio
Non-compete agreements are generally enforceable in Ohio, but there are certain requirements that must be met. Ohio courts will enforce non-compete agreements if they are reasonable and necessary to protect the employer’s legitimate business interests. To be reasonable, the agreement must be no broader than necessary to protect the employer’s interests. To be necessary, the employer must show that the employee has access to confidential information, trade secrets, or customer relationships that would harm the employer if the employee were to compete after leaving the company.
In Ohio, non-compete agreements must be in writing and signed by the employee. They must also be supported by consideration, which means that the employee must receive something of value in exchange for signing the agreement. Continued employment can be sufficient consideration, but the agreement must be signed at the beginning of employment or as part of a promotion or other change in job duties.
Non-compete agreements in Ohio must also be reasonable in duration and geographic scope. The duration of the agreement should be no longer than necessary to protect the employer’s interests, and the geographic scope should be limited to the area where the employee actually worked or where the employer does business.
Jurisdiction
Ohio