In short, yes. It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement. However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer. If the agreement appears too broad as to duration or geographic scope, the courts are permitted to engage in reasonable redrafting of the agreement. Generally, a non-competition agreement is considered reasonable if (1) the restraint is no greater than is required for the protection of the employer; (2) it does not impose undue hardship on the employee; and (3) it is not injurious to the public.
Non-competition agreements are an effective and permissible way to protect your business interests. If your business needs this agreement, or if you have questions regarding this type of agreement, schedule a free consultation with our attorneys.