Some people are so excited to get a new job that when asked to sign an employment agreement, they do not think twice about it. They do not take the time to fully read the fine print and when the contract contains language they do not understand, they also do not take the time to ask questions or have an employment lawyer review it. It is in these cases that an employee sometimes learns they have signed away their rights but by then, it is too late. Some of the most common provisions that violate an employee’s rights are known as restrictive covenants. It is essential all workers in Ohio understand what these are, and what they mean for their future.
Generally, there are three types of restrictive covenants included within employment agreements. They include:
All of these agreements are meant to protect your employer, but it is important to contact a contract review lawyer before signing to ensure you are also protected.
While many states deem restrictive covenants as unfair and therefore, unenforceable, this is not true in Ohio. After a ruling was made in the landmark case Raimonde v. Van Vlerah, the Ohio Supreme Court deemed restrictive covenants as fair and enforceable. However, in order for these agreements to be deemed as legal, the Court ruled that they must be reasonable.
The term ‘reasonable’ is often debatable in legal issues. In regards to restrictive covenants, the Court ruled that an agreement is reasonable if:
For example, an Ohio employer may prohibit their employee from working for an employer in the same industry, but the employer was in California where the original employer did not do business. In this instance, a non-compete agreement would likely not be deemed enforceable because it is not reasonable.
Due to the ambiguity of the law, it is not always easy to understand if a restrictive covenant is lawful or not. At Marshall Forman & Schlein LLC, our Columbus contract review lawyers can review your agreement and determine if it is fair or violates your rights. Before you sign on the dotted line, call us or contact us online to schedule a meeting with one of our knowledgeable attorneys.
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