I live in Ohio and signed a two year non-compete with my old employer. It has been a little over a year since I left there. Is there a way to break the non-compete early?
2007-11-02 00:17:00 · 6 answers · asked by Jeff C 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
It depends on why you left. IF you were fired, then you can break it now with ease. They may try to sue you, but you have to make a living. So, it would not hold up in court.
IF you have dirt that could get the former employer thrown in jail (I worked for a company and had to sign a non-compete), then you can get out of it. My boss and I had a mutual disagreement and I quit. About a week later, he sent me a letter threatening to sue me. I had been an employee for almost 7 years and knew "where the bodies were buried". I had enough physical evidence that when he threatened to sue me, I had my attorney write him a letter stating to "bring it on". Needless to say, when it was told to him what I knew (he had taken a kickback to the tune of $25,000 from a vendor), he would have lost his PE and real estate license.
Best advice: Reread your contract and see if there is any wiggle room. For instance, if it does not have provision for you being able to ever work in the same field again, you have a chance of beating it (regardless if you quit or fired). If there is a provision stating you have to work 100 miles away, then it reduces your chances of overturning it.
I had a buddy of mine that sued by a previous employer for non-compete. The company he worked for found a friendly judge and got them a restraining order to keep him from working for a competing company for the 12 months. Although it never went to trial, the judge (a crooked one at that) made sure that my buddy understood that for 12 months, he could not work for the new company. He was forced to leave.
At the end of the 12 months, he did not want to go back.
I write this to let you know that you may not win everytime.
2007-11-02 00:21:25 · answer #1 · answered by Christmas Light Guy 7 · 1⤊ 0⤋
go see an attorney. non-compete's often times can be too restrictive and thus unenforceable... There is a fine line between protecting existing businesses and placing unreasonable restrictions on commerce. If it was a non compete of a large company - you're probably out of luck... still, check - yuou never know. It also depends on your jurisdiction - I know nothing of Ohio's previous employment decisions
2007-11-02 04:03:26 · answer #2 · answered by Spike 2 · 1⤊ 0⤋
If the settlement gadgets out a penalty, which will persist with. it extremely is not clean from what you have written that the $2000 is the penalty for competing? no remember if it extremely is not extremely reported, they are able to sue for lost employer and different damages.
2016-09-28 04:37:44 · answer #3 · answered by southand 4 · 0⤊ 0⤋
As well as the educated responses that you have received, it also depends if Ohio is a right to work state. If it is, then you should have no problem. But as always, check your state laws/rules regarding this.
2007-11-02 03:02:54 · answer #4 · answered by L.J. Watcher 2 · 0⤊ 1⤋
Not if you want to stay out of court. You would lose. Unless of course there were provisions for them in it that they have broken. That would make the agreement null and void.
2007-11-02 00:20:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
How will they know if you break it, if you don't tell them...?
2007-11-02 00:20:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋