614.9445171
4200 Regent Street, Suite 200, Columbus, Ohio 43219
Schedule a Consultation
Business Attorney | Law Office of Maritza S. Nelson, LLC
  • Home
  • Who We Serve
  • Practice Areas and Fees
    • General Counsel Service
    • Business Law >
      • LLC Formation
      • LLC Operating Agreements
      • Close Corporation Formation
      • Corporate Bylaws
      • Close Corporation Agreements
      • Other Business Law Services
    • Business Contracts >
      • B2B Service Agreements
      • Contract Review and Advice
      • Customer Agreements
      • Financial Agreements
      • Joint Venture Agreements
      • Lease Agreements
      • Noncompete Agreements
      • Nondisclosure Agreements
      • Waiver and Release Agreements
      • Website Privacy Policies
      • Website Terms of Service
    • Business Sales >
      • Business Purchases and Sales
      • Letter of Intent
      • Purchase Agreements
      • Buy-Sell Agreements
      • Membership Interest Transfer Agreements
      • Business Succession & Disaster Planning
      • Business Dissolutions
    • Raising Money From Investors >
      • Private Placement Memorandums
      • Investment Agreements
    • Franchising and Business Opportunities >
      • Franchise Disclosure Documents
      • Franchise Agreements
      • Ohio Business Opportunity Plans
    • Nonprofit Law >
      • Nonprofit Formation
      • Co-op Formation
      • Tax Exempt Status
      • Nonprofit Governance
      • Nonprofit MOUs and Agreements
      • Nonprofit General Counsel Service
    • Intellectual Property >
      • Trademark Search
      • Trademark Registration
      • Trademark Maintenance
      • Copyright Registration
      • Work For Hire Agreement
      • Licensing Intellectual Property
      • Assigning Intellectual Property
      • Proprietary Information and Invention Assignment Agreements
      • Confidentiality Agreements
      • Intellectual Property Audit
    • Employment Law >
      • Employment Contracts
      • Employee Handbooks
      • Employment Policies
      • Independent Contractors
  • Adding Value
    • Legal Audit Checklist
    • Legal Dictionary
    • 7 Common Legal Mistakes
    • Succession and Emergency Planning Worksheet
    • Business Contracts: Review Checklist
    • Webinars >
      • HR 101: Managing the Growing Pains That Come With Growing Your Business
      • Hiring Independent Contractors
      • Legal Audit and Risk Assessment
      • Structuring a Social Enterprise
  • Bio
  • Blog
  • Scheduling
    • Prospective Client Scheduling
    • Existing and Former Client Scheduling
    • Networking Scheduling
  • Home
  • Who We Serve
  • Practice Areas and Fees
    • General Counsel Service
    • Business Law >
      • LLC Formation
      • LLC Operating Agreements
      • Close Corporation Formation
      • Corporate Bylaws
      • Close Corporation Agreements
      • Other Business Law Services
    • Business Contracts >
      • B2B Service Agreements
      • Contract Review and Advice
      • Customer Agreements
      • Financial Agreements
      • Joint Venture Agreements
      • Lease Agreements
      • Noncompete Agreements
      • Nondisclosure Agreements
      • Waiver and Release Agreements
      • Website Privacy Policies
      • Website Terms of Service
    • Business Sales >
      • Business Purchases and Sales
      • Letter of Intent
      • Purchase Agreements
      • Buy-Sell Agreements
      • Membership Interest Transfer Agreements
      • Business Succession & Disaster Planning
      • Business Dissolutions
    • Raising Money From Investors >
      • Private Placement Memorandums
      • Investment Agreements
    • Franchising and Business Opportunities >
      • Franchise Disclosure Documents
      • Franchise Agreements
      • Ohio Business Opportunity Plans
    • Nonprofit Law >
      • Nonprofit Formation
      • Co-op Formation
      • Tax Exempt Status
      • Nonprofit Governance
      • Nonprofit MOUs and Agreements
      • Nonprofit General Counsel Service
    • Intellectual Property >
      • Trademark Search
      • Trademark Registration
      • Trademark Maintenance
      • Copyright Registration
      • Work For Hire Agreement
      • Licensing Intellectual Property
      • Assigning Intellectual Property
      • Proprietary Information and Invention Assignment Agreements
      • Confidentiality Agreements
      • Intellectual Property Audit
    • Employment Law >
      • Employment Contracts
      • Employee Handbooks
      • Employment Policies
      • Independent Contractors
  • Adding Value
    • Legal Audit Checklist
    • Legal Dictionary
    • 7 Common Legal Mistakes
    • Succession and Emergency Planning Worksheet
    • Business Contracts: Review Checklist
    • Webinars >
      • HR 101: Managing the Growing Pains That Come With Growing Your Business
      • Hiring Independent Contractors
      • Legal Audit and Risk Assessment
      • Structuring a Social Enterprise
  • Bio
  • Blog
  • Scheduling
    • Prospective Client Scheduling
    • Existing and Former Client Scheduling
    • Networking Scheduling

​Noncompete Agreements

Noncompete Agreement

B2B Service Agreements 
Contract Review and Advice
Customer Agreements
Financial Agreements
Joint Venture Agreements
Lease Agreements
Noncompete Agreements
Nondisclosure Agreements
Waiver and Release
   Agreements
Website Privacy Policies
Website Terms of Service
What is a noncompete agreement?
A noncompete is an agreement, usually between an employer and an employee, in which the employee agrees not to engage in any activities that compete with the employer’s line of business, both during the person’s employment and for some period of time after the employment relationship has been terminated. However, noncompete clauses are also used in a variety of other business contracts. For example, we have seen noncompete clauses used in operating agreements to prohibit business partners from starting a competing business venture on the side. Noncompete clauses are also used in business purchase agreements to prevent the sellers of a business from starting a new business that competes with the one they just sold. 

Are noncompete agreements enforceable?
In Ohio, noncompete agreements are generally enforceable as long as they are “reasonable.” So what makes a noncompete agreement reasonable in Ohio? 
  • The restrictions imposed on the former employee can be no greater than is required to protect the employer’s legitimate business interests. 
  • The restrictions cannot impose an undue hardship on the former employee. 
  • The restrictions cannot injure the public.
     
When evaluating a noncompete, the courts consider a variety of factors:
  • The length of time and the geographic scope of the restrictive covenant
  • Whether the employee was the sole contact with the customer/client 
  • Whether the employee’s skills were developed during their employment with the employer seeking to enforce the noncompete 
  • Whether the employee gained access to trade secrets or confidential information during their employment 
  • Whether the noncompete is designed to restrict unfair competition (as opposed to ordinary competition)

A good noncompete agreement will address these factors in the contract itself. This is one of the many reasons we advise against using online form documents that don’t address your unique situation with a particular employee. 

How do I protect my business if a noncompete clause isn’t appropriate?
Not every employment situation calls for a noncompete agreement or clause. Instead, your business might consider using a non solicitation agreement to prohibit current and former employees from soliciting your customers, clients, key vendors, etc. 
​
Learn more about Non Solicitation Agreements and how they differ from Noncompete Agreements and NDAs.
Schedule a consultation

​Flat Fee Pricing:
Non-Compete / Non-Disclosure / Proprietary Information Agreements: $750
Review and Advice: $500

Recent Contract Law Articles

Services

General Counsel Service
Business Law
​
Business Contracts
Business Sales
Raising Money From Investors
Franchising and Business Opportunities
Non-Profit Law
Intellectual Property
Employment Law

About

Who We Serve
Bio​
Adding Value
Webinars
Blog
Contact
​Careers
​Scheduling

Legal

The information contained on this website is not legal advice or legal opinion and should not be relied upon. Furthermore, nothing contained in this website is intended to create or establish, and does not constitute, an attorney-client relationship. 

Fee Information
Document Retention Policy 
Privacy Policy
​Client Communications Policy

Subscribe to the mailing list to receive useful tips for entrepreneurs and business owners.
Join Mailing List
Copyright © 2014-2023. | 4200 Regent Street, Suite 200, Columbus, OH 43219 | 614.944.5171 | info@msnlawoffice.com